Miskoski v Sutherland Shire Council [2017] NSWLEC 1252

Miskoski v Sutherland Shire Council [2017] NSWLEC 1252

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 the agreement, with the appeal upheld and the amended modification application approved subject to the consolidated modified conditions.

Jurisdiction
Australia
Judgment Date
24 May 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
Appeal upheld; Modification Application No. MA16/0425 as amended approved subject to conditions; Development Consent No. DA14/0717 subject to consolidated modified conditions of consent.
Legal Topics
['modification Application' 'dual Occupancy' 'roof Top Service Area' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3) Orders']
['planning and Environment Law'] ['modification Application' 'dual Occupancy' 'roof Top Service Area' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3) Orders']

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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 agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' 'Whether Modification Application No. MA16/0425 as amended should be approved subject to modified conditions of consent.']

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 the agreement, with the appeal upheld and the amended modification application approved subject to the consolidated modified conditions.

Court Disposition

Appeal upheld; Modification Application No. MA16/0425 as amended approved subject to conditions; Development Consent No. DA14/0717 subject to consolidated modified conditions of consent.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Modification Application No. MA16/0425 and to rely upon the amended plans attached as Annexure "A".' 'Modification Application No. MA16/0425 (as amended) on Lot 41 in Community Plan DP270647, otherwise known as 4 Kershaw Road, Menai, be approved...