Yialas v Waverley Council [2018] NSWLEC 1219

Yialas v Waverley Council [2018] NSWLEC 1219

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 agreement. The appeal was upheld and Development Application DA-374/2017 was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
08 May 2018
Procedural Posture
Class 1 Development Application Appeal / 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 Development Application DA-374/2017 is approved subject to the conditions set out in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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 parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether Development Application DA-374/2017 for dwelling alterations and additions to existing dwelling at 166 Hastings Parade North Bondi, NSW 2026 should be approved subject to conditions.']

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 agreement. The appeal was upheld and Development Application DA-374/2017 was approved subject to conditions.

Court Disposition

The appeal is upheld and Development Application DA-374/2017 is approved subject to the conditions set out in Annexure A.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans listed in paragraph 1 of the conditions set out in Annexure A, being the plans prepared by BKA Architecture dated 9 April 2018 and identified as DA 000 - Cover Page (Rev B), DA 001 - Site Analysis/ Site Plan (Rev B), DA 100 - Basement Plan (Rev B), DA...