Victor Sahade v Warringah Council [2016] NSWLEC 1537

Victor Sahade v Warringah Council [2016] NSWLEC 1537

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 agreement and made the agreed orders.

Jurisdiction
Australia
Judgment Date
14 November 2016
Procedural Posture
Class 1 Modification Application Appeal / Orders Following Agreement Under S 34(3) of the Land and Environment Court Act 1979 at or After a Conciliation Conference
Outcome
Appeal upheld; modification application approved in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Environment Law'] ['modification Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

Class 1 Modification Application Appeal / Orders Following Agreement Under S 34(3) of the Land and Environment Court Act 1979 at or After a Conciliation Conference

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the applicant should be granted leave to rely on an amended application incorporating amended plans.' 'Whether Modification Application No. Mod2015/0181 to modify Development Consent No.2003/1089DA should be approved in the terms agreed by the parties.']

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 agreement and made the agreed orders.

Court Disposition

Appeal upheld; modification application approved in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The applicant is granted leave to rely on an amended application incorporating plans prepared by Richard + Ross Pty Ltd: Drawing No. C01, Revision 02 and dated 28 September 2016; Drawing No. C02, Revision 01 and dated 14 September 2016; Drawing No. C03, Revision 02 and dated 28 September 2016; Drawing No. C04,...