Sorbello v Hawkesbury City Council [2018] NSWLEC 1221

Sorbello v Hawkesbury City Council [2018] NSWLEC 1221

The Court disposed of the proceedings in accordance with the agreed terms reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, without making a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
09 May 2018
Procedural Posture
Class 1 / Conciliation Conference With Agreement and Orders Made
Outcome
Appeal upheld by consent; development application approved subject to Annexure A conditions; no order as to costs
Legal Topics
['development Application' 'conciliation Conference' 'agreed Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreed Orders']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference With Agreement and Orders Made

Legal Issues

  1. 1 ['Whether the conciliation agreement reached by the parties may be disposed of as a decision under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the agreed terms reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, without making a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld by consent; development application approved subject to Annexure A conditions; no order as to costs

Orders

  • ['The Applicant is given leave to amend the development application and rely on amended plans and documents listed in the judgment.' 'The Appeal is upheld.' 'Development Application No. DA0018/17 for the construction of a new garage attached to the existing dwelling house and alterations to the existing dwelling...