Finlayson v Waverley Council [2017] NSWLEC 1009

Finlayson v Waverley Council [2017] NSWLEC 1009

An agreement was reached between the parties after a conciliation conference as to the terms of the decision. The Commissioner was satisfied the Court could have made the decision in the proper exercise of its functions, so orders were made in accordance with s 34(3) of the Land and Environment Court Act 1979 to formalise the agreement, without assessment of the underlying merits.

Parties
Applicant: Ross Finlayson; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
13 January 2017
Procedural Posture
Development Application Appeal / Post Conciliation Conference Final Orders
Outcome
Appeal upheld by consent; orders made by agreement under s34(3)
Legal Topics
Development Application, Conciliation Conference, Court Act S34(3) Agreement
Planning and Environment Development Application Conciliation Conference Court Act S34(3) Agreement

Case Brief

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Parties

Ross Finlayson

Applicant

Waverley Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference Final Orders

Legal Issues

  1. 1 Whether agreement should be formalised under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

An agreement was reached between the parties after a conciliation conference as to the terms of the decision. The Commissioner was satisfied the Court could have made the decision in the proper exercise of its functions, so orders were made in accordance with s 34(3) of the Land and Environment Court Act 1979 to formalise the agreement, without assessment of the underlying merits.

Court Disposition

Appeal upheld by consent; orders made by agreement under s34(3)

Orders

  • Leave is granted to the applicant to rely on amended plan DAO1, Revision C, prepared by George Carone dated 13 January 2017.
  • The appeal upheld.