Paul Edward Mullaly v NORTH SYDNEY COUNCIL [2017] NSWLEC 1652

Paul Edward Mullaly v NORTH SYDNEY COUNCIL [2017] NSWLEC 1652

An agreement was reached at a conciliation conference between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979. The Court, being satisfied the agreement was a decision it could have made, was required to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
16 November 2017
Procedural Posture
Development Application Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
['development Applications' 'conciliation Procedures Under S 34 Land and Environment Court Act 1979']
['environmental Law' 'planning Law'] ['development Applications' 'conciliation Procedures Under S 34 Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Development Application Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Whether court should dispose of proceedings in accordance with parties' agreement under s 34(3) Land and Environment Court Act 1979"]

Ratio Decidendi

An agreement was reached at a conciliation conference between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979. The Court, being satisfied the agreement was a decision it could have made, was required to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • ['Leave granted to rely on amended plans as per Condition 1 of Annexure A.' 'Appeal upheld.' 'Development Application No. 67-17 for alterations and additions, including new upper level, conversion of existing sub floor level and new garage basement level is approved subject to conditions in Annexure "A".']