Vitalone v Randwick City Council [2018] NSWLEC 1116

Vitalone v Randwick City Council [2018] NSWLEC 1116

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 regarding the development application, and the Court was satisfied it could make such orders, thus it was required to dispose of proceedings in accordance with the decision without determining the merits.

Parties
First Applicant: Domenic Vitalone; Second Applicant: Fay Vitalone; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Development Application Appeal / Orders After Conciliation Conference
Outcome
Appeal upheld, development application approved subject to conditions
Legal Topics
Conciliation Conference, Development Application, Section 34 Agreement
Planning and Environment Conciliation Conference Development Application Section 34 Agreement

Case Brief

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Parties

Domenic Vitalone

First Applicant

Fay Vitalone

Second Applicant

Randwick City Council

Respondent

Procedural Posture

Development Application Appeal / Orders After Conciliation Conference

Legal Issues

  1. 1 Whether agreement under s 34(3) of the Land and Environment Court Act 1979 could be effected for the development application

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 regarding the development application, and the Court was satisfied it could make such orders, thus it was required to dispose of proceedings in accordance with the decision without determining the merits.

Court Disposition

Appeal upheld, development application approved subject to conditions

Orders

  • The applicant is granted leave to rely on the approved plans and supporting documentation in Annexure A.
  • Appeal upheld.