STM 123 No. 7 Pty Ltd as a Trustee for the STM 123 No. 7 Trust v Waverley Council [2016] NSWLEC 1313

STM 123 No. 7 Pty Ltd as a Trustee for the STM 123 No. 7 Trust v Waverley Council [2016] NSWLEC 1313

The Court, being satisfied that the agreement reached by the parties was one that could have been made in the proper exercise of the Court's functions under the Land and Environment Court Act 1979 s 34(3), disposed of the proceedings in accordance with that agreement.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Appeal upheld pursuant to agreement of the parties under s 34(3) of Land and Environment Court Act 1979. Development application approved subject to conditions. Applicant to pay respondent's costs under s97B Environmental Planning and Assessment Act 1979.
Legal Topics
['development Application' 'appeal' 'conciliation Conference' 'court Orders']
['planning and Environment Law'] ['development Application' 'appeal' 'conciliation Conference' 'court Orders']

Source-derived case record

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Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the Court should make orders by consent under s 34(3) of the Land and Environment Court Act 1979 to dispose of a Class 1 development application appeal.']

Ratio Decidendi

The Court, being satisfied that the agreement reached by the parties was one that could have been made in the proper exercise of the Court's functions under the Land and Environment Court Act 1979 s 34(3), disposed of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld pursuant to agreement of the parties under s 34(3) of Land and Environment Court Act 1979. Development application approved subject to conditions. Applicant to pay respondent's costs under s97B Environmental Planning and Assessment Act 1979.

Orders

  • ["The Application Class 1 is amended per annexed document marked 'A'." "The Applicant is granted leave to rely upon amended plans and documentation per Conditions 1(a)-(f) in Annexure 'B'." 'The appeal is upheld.' "Development Application DA 296/2015 is approved for demolition of existing building and construction...