Parker Logan Property Pty Ltd v Waverley Council [2017] NSWLEC 1341

Parker Logan Property Pty Ltd v Waverley Council [2017] NSWLEC 1341

The appeal was upheld and the development application approved subject to conditions because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
30 June 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA 09/2017 approved subject to conditions of development consent set out in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The appeal was upheld and the development application approved subject to conditions because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld; Development Application No. DA 09/2017 approved subject to conditions of development consent set out in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA 09/2017 for the change of use of the basement level to medical centre, internal alterations to unit and new lobby and lift to residential flat building at 91 Old South Head Road, Bondi Junction is approved subject to the conditions of development consent set...