Raili Kaarin Kristen Summers v Randwick City Council [2017] NSWLEC 1089
As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the decision was one the Court could have made, the proceedings were disposed of in accordance with the agreement.
- Jurisdiction
- Australia
- Judgment Date
- 23 February 2017
- Procedural Posture
- Development Application Appeal / Orders After Conciliation Conference
- Outcome
- Development application approved subject to conditions in Annexure 'A'
- Legal Topics
- ['development Application' 'conciliation Conference' 'approval Subject to Conditions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Development Application Appeal / Orders After Conciliation Conference
Legal Issues
- 1 ['Whether agreement reached between parties regarding development application can be given effect under s 34(3) of the Land and Environment Court Act 1979']
Ratio Decidendi
As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the decision was one the Court could have made, the proceedings were disposed of in accordance with the agreement.
Court Disposition
Development application approved subject to conditions in Annexure 'A'
Orders
- ["The applicants are granted leave to rely upon the plans referred to in the table in Condition 1 of Annexure 'A'." "Development application No. 630/2016 for construction of new hard stand car spaces to the front of the existing semi-detached dwellings is approved subject to the conditions in Annexure 'A'."]
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