Krigstein v Randwick City Council [2018] NSWLEC 1515

Krigstein v Randwick City Council [2018] NSWLEC 1515

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 made orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Class 1 Development Application Proceedings / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The Appeal is upheld and Development Application DA/477/2017 is approved subject to amended conditions of consent.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'torrens Title Subdivision']
['environmental and Planning Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'torrens Title Subdivision']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether the Applicant should be granted leave to rely on amended plans and documents.' 'Whether Development Application DA/477/2017 should be approved subject to amended conditions of consent.']

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 made orders giving effect to the agreement.

Court Disposition

The Appeal is upheld and Development Application DA/477/2017 is approved subject to amended conditions of consent.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents identified in the orders.' 'The Appeal is upheld.' 'Conditions 2(a) and 2(e) of Development Consent DA/477/2017 approved on 28 November 2017 are deleted.' 'Development Application DA/477/2017 for development described as "demolition of the...