Sayed Holdings Pty Ltd v Woollahra Council [2017] NSWLEC 1324

Sayed Holdings Pty Ltd v Woollahra Council [2017] NSWLEC 1324

An agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and deemed acceptable by the Court, binds the Court to dispose of the proceedings in accordance with that agreement, without merit assessment of disputes.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Development Application Appeal / Conciliation Conference and Determination by Consent
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'orders by Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'orders by Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Determination by Consent

Legal Issues

  1. 1 ['Whether the development application should be approved following agreement at conciliation conference']

Ratio Decidendi

An agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and deemed acceptable by the Court, binds the Court to dispose of the proceedings in accordance with that agreement, without merit assessment of disputes.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. DA489/2016/1 is approved for the demolition of existing structures and construction of a 5 storey mixed use development comprising of 11 residential units, 3 commercial shops and basement parking for 21 cars on Lot 6, 7, 8 & 9 in DP 14000 known as 434 – 440 New...