Goldberg v Waverley Council [2018] NSWLEC 1346

Goldberg v Waverley Council [2018] NSWLEC 1346

Agreement under s 34(3) of the Land and Environment Court Act 1979 was reached, and the Court was satisfied it could make the decision; thus, the appeal was upheld and the modification application approved subject to agreed conditions.

Parties
Applicant: Suzanne Goldberg; Respondent: Waverley Council
Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Modification Application Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; Modification application approved subject to conditions.
Legal Topics
Modification Application, Residential Development, Conciliation Conference, Development Consent
Planning and Environment Modification Application Residential Development Conciliation Conference Development Consent

Case Brief

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Parties

Suzanne Goldberg

Applicant

Waverley Council

Respondent

Procedural Posture

Modification Application Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether modification application DA561/2016/A for alterations to a three storey attached dual occupancy should be approved

Ratio Decidendi

Agreement under s 34(3) of the Land and Environment Court Act 1979 was reached, and the Court was satisfied it could make the decision; thus, the appeal was upheld and the modification application approved subject to agreed conditions.

Court Disposition

Appeal upheld; Modification application approved subject to conditions.

Orders

  • Applicant granted leave to rely on amended plans and documents at Annexure A as referred to in condition A1 of Annexures B and C.
  • Appeal upheld.