Rachelle Nader v STRATHFIELD MUNICIPAL COUNCIL [2017] NSWLEC 1527

Rachelle Nader v STRATHFIELD MUNICIPAL COUNCIL [2017] NSWLEC 1527

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, resulting in the appeal being upheld and the modification application being approved subject to the modified conditions.

Jurisdiction
Australia
Judgment Date
22 September 2017
Procedural Posture
Class 1 Development Application Appeal Concerning a Section 96(1 A) Modification Application / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and the section 96(1A) modification application is approved subject to consolidated, modified conditions of development consent.
Legal Topics
['development Application' 'modification Application' 'conciliation Conference' 'agreement Between Parties' 'heritage Listed Dwelling']
['planning and Environment Law'] ['development Application' 'modification Application' 'conciliation Conference' 'agreement Between Parties' 'heritage Listed Dwelling']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Concerning a Section 96(1 A) Modification Application / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

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, resulting in the appeal being upheld and the modification application being approved subject to the modified conditions.

Court Disposition

The appeal is upheld and the section 96(1A) modification application is approved subject to consolidated, modified conditions of development consent.

Orders

  • ['The Applicant is given leave to amend the modification application by substituting the specified plans and documentation as the plans and documentation relied upon for the purpose of the development application.' 'The appeal is upheld.' 'The application made pursuant to section 96(1A) of the Environmental Planning...