Ure v Waverley Council [2016] NSWLEC 1560

Ure v Waverley Council [2016] NSWLEC 1560

Parties having reached agreement at, or following, a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Court being satisfied that the decision is one it could have made, the Court must dispose of the proceedings in accordance with that agreement without determining merits.

Jurisdiction
Australia
Judgment Date
24 November 2016
Procedural Posture
Development Application Appeal / Post Conciliation Conference (final Orders by Consent)
Outcome
Appeal upheld by consent; Development Application approved subject to conditions; Costs order made.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference (final Orders by Consent)

Legal Issues

  1. 1 ['Whether parties may resolve a development application appeal by agreement at conciliation conference under s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

Parties having reached agreement at, or following, a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Court being satisfied that the decision is one it could have made, the Court must dispose of the proceedings in accordance with that agreement without determining merits.

Court Disposition

Appeal upheld by consent; Development Application approved subject to conditions; Costs order made.

Orders

  • ["The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure 'A'." 'The Appeal is upheld.' "Development Application No. DA-11/2016 demolition of existing structures and construction of a two storey dwelling and attached secondary dwelling...