Renee Williamson-Noble v Willoughby City Council [2017] NSWLEC 1704

Renee Williamson-Noble v Willoughby City Council [2017] NSWLEC 1704

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after the conciliation conference, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
08 December 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application DA 2017/87 is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation' 'floor Space Ratio Standard']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation' 'floor Space Ratio Standard']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether leave should be granted for the applicant to rely on amended plans.' "Whether the applicant's clause 4.6 written request for variation to the floor space ratio standard pursuant to clause 4.4A of Willoughby Local Environmental Plan 2012 should be upheld." 'Whether Development Application DA 2017/87 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 at or after the conciliation conference, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement.

Court Disposition

The appeal is upheld and Development Application DA 2017/87 is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The applicant is granted leave to rely upon the amended plans at annexure "A".' "The applicant is to pay the respondent's costs thrown away pursuant to s97b of the Environmental Planning and Assessment Act 1979 in the sum of $1,200." "The applicant's clause 4.6 written request prepared by...