MacJohn v Mosman Municipal Council [2017] NSWLEC 1509

MacJohn v Mosman Municipal Council [2017] NSWLEC 1509

Because 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 disposed of in accordance with that agreement and development consent was granted subject to conditions.

Jurisdiction
Australia
Judgment Date
14 September 2017
Procedural Posture
Class 1 Development Application Proceedings / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Development consent granted subject to conditions, with leave to rely on amended plans and costs thrown away payable by the applicant.
Legal Topics
['dwelling House Development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment' 'development Consent'] ['dwelling House Development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / 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 proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for demolition of the existing dwelling house and construction of a three storey dwelling house, swimming pool and landscaping at 250 Raglan Street Mosman, subject to conditions.']

Ratio Decidendi

Because 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 disposed of in accordance with that agreement and development consent was granted subject to conditions.

Court Disposition

Development consent granted subject to conditions, with leave to rely on amended plans and costs thrown away payable by the applicant.

Orders

  • ["Leave is granted to the applicant to rely on amended architectural plans by Carlos Buono numbered 221 01 to 15 Issue C1 dated 4.09.17 and amended landscape plan by Grant Maundrell numbered 16 32-003'E' dated September 2017." "The applicant shall pay the respondent's costs thrown away as a result of the amended...