Bettar v Woollahra Council [2016] NSWLEC 1535

Bettar v Woollahra Council [2016] NSWLEC 1535

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, the Court was required to dispose of the proceedings in accordance with that agreed decision.

Jurisdiction
Australia
Judgment Date
14 November 2016
Procedural Posture
Class 1 Development Application Appeal Concerning a Modification Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Modification Application No. 584/2014/2 is approved subject to the modifications and consolidated modified conditions of development consent.
Legal Topics
['development Application' 'modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment Law'] ['development Application' 'modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Concerning a Modification Application / 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 proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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, the Court was required to dispose of the proceedings in accordance with that agreed decision.

Court Disposition

The appeal is upheld and Modification Application No. 584/2014/2 is approved subject to the modifications and consolidated modified conditions of development consent.

Orders

  • ['The Applicant is granted leave to rely upon the amended architectural plans, elevation and sections referred to in condition A.2(a) in the modifications to the conditions of consent set out in Annexure "A."' 'The appeal is upheld.' 'Modification Application No. 584/2014/2 to modify Development Consent No....