Peter Baker v Randwick City Council [2018] NSWLEC 1153

Peter Baker v Randwick City Council [2018] NSWLEC 1153

The Court disposed of the proceedings in accordance with the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979, approving the amended development application subject to specified conditions.

Jurisdiction
Australia
Judgment Date
28 March 2018
Procedural Posture
Development Application Appeal / Conciliation Conference; Orders Following Agreement
Outcome
Appeal upheld. Development application approved subject to conditions. No order as to costs.
Legal Topics
['development Application' 'appeal' 'conciliation Conference' 'orders Under S 34(3)']
['planning and Environment'] ['development Application' 'appeal' 'conciliation Conference' 'orders Under S 34(3)']

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Procedural Posture

Development Application Appeal / Conciliation Conference; Orders Following Agreement

Legal Issues

  1. 1 ['Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 may dispose of proceedings' 'Approval of amended development application plans']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979, approving the amended development application subject to specified conditions.

Court Disposition

Appeal upheld. Development application approved subject to conditions. No order as to costs.

Orders

  • ['Applicant given leave to amend development application and rely on specified amended plans' 'Appeal upheld' 'Development Application No. 308/2017 approved subject to conditions in Annexure A' 'No orders as to costs']