Teda Bayside Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1209

Teda Bayside Pty Ltd v Woollahra Municipal Council [2016] NSWLEC 1209

The Court is satisfied that the agreement reached between the parties meets the requirements of s 34(3) of the Land and Environment Court Act 1979 and can be made as an order of the Court. No merit assessment of the underlying issues is made by the Court.

Jurisdiction
Australia
Judgment Date
13 May 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference Leading to Agreed Orders
Outcome
Appeal upheld. Development Application approved subject to conditions. Leave granted to amend application. Costs payable by Applicant as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'court Approved Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Approved Agreement']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference Leading to Agreed Orders

Legal Issues

  1. 1 ['Whether the parties have reached an agreement capable of being endorsed by the Court under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court is satisfied that the agreement reached between the parties meets the requirements of s 34(3) of the Land and Environment Court Act 1979 and can be made as an order of the Court. No merit assessment of the underlying issues is made by the Court.

Court Disposition

Appeal upheld. Development Application approved subject to conditions. Leave granted to amend application. Costs payable by Applicant as agreed or assessed.

Orders

  • ["The Applicant is granted leave to amend Development Application DA 542/2014 in accordance with the plans and documentation set out in conditions A.2 of the conditions annexed at 'A' to this agreement." "The Applicant is to pay the Respondent's cost arising under section 97B of the Environmental Planning and...