Jahani v Mosman Municipal Council [2018] NSWLEC 1066

Jahani v Mosman Municipal Council [2018] NSWLEC 1066

An agreement between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, acceptable to both parties and one the Court could exercise, required disposal of proceedings in accordance with that decision, resulting in modification of the development consent.

Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Appeal of Development Application / Resolution After Conciliation Conference
Outcome
Appeal upheld; approval given to modification of development consent; conditions of consent amended per annexures
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference']
['environmental Law' 'planning Law'] ['development Application' 'modification of Development Consent' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal of Development Application / Resolution After Conciliation Conference

Legal Issues

  1. 1 ['Appropriateness of modification to development consent for demolition and erection of dual occupancy at 252 Raglan Street Mosman']

Ratio Decidendi

An agreement between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, acceptable to both parties and one the Court could exercise, required disposal of proceedings in accordance with that decision, resulting in modification of the development consent.

Court Disposition

Appeal upheld; approval given to modification of development consent; conditions of consent amended per annexures

Orders

  • ['The appeal is upheld.' 'Approval is given to the modification of the development consent 8.2012.16.1 granted by Mosman Council on 19 September 2012, as subsequently modified, for the demolition of existing structures and erection of a dual occupancy with basement car parking, landscaping and fencing on land at 252...