Lim v Mosman Council [2017] NSWLEC 1253

Lim v Mosman Council [2017] NSWLEC 1253

The parties reached an agreement at or after a conciliation conference that resolved the proceedings, and the presiding Commissioner was satisfied as required by s 34(3) of the Land and Environment Court Act 1979 that this was a decision the Court could have made; the proceedings are disposed of accordingly.

Jurisdiction
Australia
Judgment Date
17 May 2017
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'section 34(3) Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34(3) Agreement']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the parties and to the Court']

Ratio Decidendi

The parties reached an agreement at or after a conciliation conference that resolved the proceedings, and the presiding Commissioner was satisfied as required by s 34(3) of the Land and Environment Court Act 1979 that this was a decision the Court could have made; the proceedings are disposed of accordingly.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The appeal is upheld.' "Development application 8.2016.189.1 for substantial alterations and additions to existing dwelling house and associated landscape works at 5 Ryan Avenue, Mosman is approved subject to the conditions in Annexure 'A'."]