Oliver Steele v Waverley Council [2017] NSWLEC 1393

Oliver Steele v Waverley Council [2017] NSWLEC 1393

As agreement was reached at the conciliation conference under s 34(3) and the Commissioner was satisfied it was a decision the Court could have made, the Commissioner disposed of the proceedings in accordance with the agreement, approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs.
Legal Topics
['development Application' 'conciliation Conference' 'court Orders']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'court Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the development application should be approved' 'Whether agreement reached between the parties can be disposed by the Court under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

As agreement was reached at the conciliation conference under s 34(3) and the Commissioner was satisfied it was a decision the Court could have made, the Commissioner disposed of the proceedings in accordance with the agreement, approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs.

Orders

  • ['The Applicant is granted leave to rely upon specified plans and documentation.' "Pursuant to Section 97B of the Environmental Planning and Assessment Act 1979, the Applicant agrees to pay the Respondent's costs in the fixed amount of $5,000 within 28 days." 'The appeal is upheld.' 'Development Application No....