Scott Reynolds v Randwick City Council [2017] NSWLEC 1566

Scott Reynolds v Randwick City Council [2017] NSWLEC 1566

As agreement was reached between the parties at a conciliation conference and the Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was one the Court could have made, the proceedings must be disposed of in accordance with that decision.

Parties
Applicant: Scott Reynolds; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
04 October 2017
Procedural Posture
Class 1 / Post Conciliation Orders
Outcome
Appeal upheld by consent orders under s 34(3) Land and Environment Court Act 1979
Legal Topics
Development Applications, Conciliation Conference, Modification of Development Consent
Environmental Law Planning Law Development Applications Conciliation Conference Modification of Development Consent

Case Brief

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Parties

Scott Reynolds

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 / Post Conciliation Orders

Legal Issues

  1. 1 Whether agreement reached at conciliation conference should be disposed of in accordance with s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

As agreement was reached between the parties at a conciliation conference and the Commissioner was satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was one the Court could have made, the proceedings must be disposed of in accordance with that decision.

Court Disposition

Appeal upheld by consent orders under s 34(3) Land and Environment Court Act 1979

Orders

  • The Applicant is granted leave to rely on plans listed under Condition 2 in Annexure A.
  • The Appeal is upheld.