Delaney v Randwick City Council [2019] NSWLEC 1180

Delaney v Randwick City Council [2019] NSWLEC 1180

The appeal was upheld as the parties reached an agreement in conciliation to modify the development control order, which the Court had the power to make and was required to adopt under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Appeal / Judgment Following Conciliation Conference
Outcome
Appeal upheld; order modified by consent; no order as to costs
Legal Topics
['development Control Orders' 'modification of Orders' 'conciliation Conference' 'court Powers on Appeal']
['planning and Environment Law'] ['development Control Orders' 'modification of Orders' 'conciliation Conference' 'court Powers on Appeal']

Case Brief

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Procedural Posture

Appeal / Judgment Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the development control order should be modified upon appeal under s 8.18 of the Environmental Planning and Assessment Act 1979' 'Whether the agreement reached at conciliation conference may be adopted under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The appeal was upheld as the parties reached an agreement in conciliation to modify the development control order, which the Court had the power to make and was required to adopt under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; order modified by consent; no order as to costs

Orders

  • ['The appeal is upheld.' "Pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, Order Number 3 is amended in accordance with the annexed amended Order marked 'A'." 'No order is made as to costs.']