Uther v Woollahra Municipal Council [2018] NSWLEC 1434

Uther v Woollahra Municipal Council [2018] NSWLEC 1434

Agreement was reached between the parties at a conciliation conference which was acceptable to the Court under s 34(3) of the Land and Environment Court Act 1979; accordingly, the Court ordered the modification application be allowed subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
17 August 2018
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification application approved with conditions by consent
Legal Topics
['development Applications' 'modification Application' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 should be approved and orders made accordingly']

Ratio Decidendi

Agreement was reached between the parties at a conciliation conference which was acceptable to the Court under s 34(3) of the Land and Environment Court Act 1979; accordingly, the Court ordered the modification application be allowed subject to agreed conditions.

Court Disposition

Appeal upheld; modification application approved with conditions by consent

Orders

  • ['Applicant granted leave to amend the modification application by substituting specified plans' 'Appeal is upheld' 'Modification Application No. 180/2016/3 to modify Development Consent No. 180/2016 is approved subject to conditions set out in Annexures "A" and "B"']