STM 123 No.2 Pty Ltd v Waverley Council [2016] NSWLEC 1550

STM 123 No.2 Pty Ltd v Waverley Council [2016] NSWLEC 1550

As the parties reached an agreement at or after a conciliation conference, and the Commissioner was satisfied that the agreement was within the Court's powers, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Appeal of Development Application Decision / Final Orders Following Conciliation Conference
Outcome
Appeal upheld under agreed terms pursuant to s 34(3) of the Land and Environment Court Act 1979
Legal Topics
['development Application' 'court Approved Settlement' 'conciliation Conference' 'appeal Procedure']
['environmental Law' 'planning Law'] ['development Application' 'court Approved Settlement' 'conciliation Conference' 'appeal Procedure']

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Procedural Posture

Appeal of Development Application Decision / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 between the parties could be adopted as the Court's decision"]

Ratio Decidendi

As the parties reached an agreement at or after a conciliation conference, and the Commissioner was satisfied that the agreement was within the Court's powers, the Court was required by s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld under agreed terms pursuant to s 34(3) of the Land and Environment Court Act 1979

Orders

  • ["The application Class 1 as filed by the Applicant in these proceedings is amended in accordance with the document annexed and marked 'A'." 'The appeal is upheld.' "Application No. of DA-205/2015 for the demolition of an existing 4 storey residential flat building and the construction of a 3-4 storey residential...