Paul Dermatis v Randwick City Council [2017] NSWLEC 1446

Paul Dermatis v Randwick City Council [2017] NSWLEC 1446

The proceedings were disposed of in accordance with the parties' agreement under s34(3) of the Land and Environment Court Act 1979. The Court was satisfied the decision was one it could have made, and made orders to give effect to that agreement without conducting a merit assessment.

Jurisdiction
Australia
Judgment Date
16 August 2017
Procedural Posture
Class 1 Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; Development approval granted with conditions.
Legal Topics
['development Application' 'modification' 'conciliation Conference']
['planning and Environment'] ['development Application' 'modification' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether to uphold the appeal and grant modification of development approval under s34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The proceedings were disposed of in accordance with the parties' agreement under s34(3) of the Land and Environment Court Act 1979. The Court was satisfied the decision was one it could have made, and made orders to give effect to that agreement without conducting a merit assessment.

Court Disposition

Appeal upheld; Development approval granted with conditions.

Orders

  • ['The appeal is upheld.' "Leave is granted to the applicant to rely on the amended plans as referred to in condition 1 of Annexure 'A'." 'The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in...