Owners SP No. 40012 v Woollahra Council [2017] NSWLEC 1214

Owners SP No. 40012 v Woollahra Council [2017] NSWLEC 1214

The Court, being satisfied that the agreement reached under s 34(3) of the Land and Environment Court Act 1979 is one it could have made, disposes of the proceedings in accordance with that agreement, including finding that compliance with the Respondent's order has been demonstrated by expert documentation.

Parties
Applicant: Owners of Strata Plan 40012; Respondent: Woollahra Council
Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Development Application Appeal / Conciliation Conference With Agreement and Final Orders
Outcome
Appeal upheld by agreement; compliance with order established; each party to pay its own costs.
Legal Topics
Development Applications, Section 34 Agreements, Compliance With Orders
Planning Law Environmental Law Development Applications Section 34 Agreements Compliance With Orders

Case Brief

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Parties

Owners of Strata Plan 40012

Applicant

Woollahra Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference With Agreement and Final Orders

Legal Issues

  1. 1 Whether the parties’ agreement is acceptable to the Court under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether Respondent’s order has been sufficiently complied with based on expert certificates

Ratio Decidendi

The Court, being satisfied that the agreement reached under s 34(3) of the Land and Environment Court Act 1979 is one it could have made, disposes of the proceedings in accordance with that agreement, including finding that compliance with the Respondent's order has been demonstrated by expert documentation.

Court Disposition

Appeal upheld by agreement; compliance with order established; each party to pay its own costs.

Orders

  • The appeal is upheld.
  • Pursuant to section 121ZK(4)(d) of the Environmental Planning and Assessment Act 1979, the Court finds on the basis of the specified expert documents that the Respondent's Order No 62/2015 is sufficiently complied with.