Ure v Waverley Council [2017] NSWLEC 1246

Ure v Waverley Council [2017] NSWLEC 1246

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 decision and make the agreed orders.

Jurisdiction
Australia
Judgment Date
12 May 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979; Final Orders by Agreement
Outcome
The appeal is upheld and Development Application No DA-11/2016 is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'modification of Development Application' 'development Consent Subject to Conditions']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'modification of Development Application' 'development Consent Subject to Conditions']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979; Final Orders by Agreement

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 that the Court could have made in the proper exercise of its functions.' 'Whether the proceedings should be disposed of in accordance with the agreed decision.']

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 decision and make the agreed orders.

Court Disposition

The appeal is upheld and Development Application No DA-11/2016 is approved subject to conditions.

Orders

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