Shaaben Dayoub v Sutherland Shire Council [2017] NSWLEC 1437

Shaaben Dayoub v Sutherland Shire Council [2017] NSWLEC 1437

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure 'A'.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'dual Occupancy' 'torrens Title Subdivision']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'dual Occupancy' 'torrens Title Subdivision']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether development consent should be granted to DA 15/0058 for demolition of existing structures, erection of a dual occupancy on both lots, and Torrens Title subdivision of both dual occupancies at 6 Barker Close, Illawong.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure 'A'.

Orders

  • ['The appeal is upheld.' "Development Consent be granted to DA 15/0058 for the demolition of existing structures and erection of a dual occupancy on both lots and Torrens Title subdivision of both dual occupancies at 6 Barker Close, Illawong, subject to the conditions in Annexure 'A'."]