Sue Sanki v Woollahra Municipal Council [2017] NSWLEC 1333

Sue Sanki v Woollahra Municipal Council [2017] NSWLEC 1333

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 Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
28 June 2017
Procedural Posture
Class 1 Modification Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Section 96 Modification Application No. DA/285/2015/4 was approved subject to the conditions in Annexure A.
Legal Topics
['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']
['environmental and Planning Law'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']

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Procedural Posture

Class 1 Modification 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 reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal was upheld and Section 96 Modification Application No. DA/285/2015/4 was approved subject to the conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to amend Modification Application No. DA/285/2015/4 and to rely upon the listed plans and documentation in the proceedings.' 'The appeal is upheld.' 'Section 96 Modification Application No. DA/285/2015/4 is approved subject to the conditions in Annexure A.']