New Street No 1 Pty Ltd v Waverley Council [2018] NSWLEC 1208

New Street No 1 Pty Ltd v Waverley Council [2018] NSWLEC 1208

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 proceedings were therefore disposed of in accordance with the agreed decision by making orders upholding the appeal and granting approval to modify development consent DA264/2015.

Jurisdiction
Australia
Judgment Date
01 May 2018
Procedural Posture
Class 1 Development Application Appeal Concerning a Section 96(2) Modification Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; approval granted to modify development consent DA264/2015 pursuant to section 96(2) of the Environmental Planning and Assessment Act 1979.
Legal Topics
['conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'section 96(2) Modification Application' 'development Consent Da264/2015']
['planning and Environment Law' 'development Consent Modification'] ['conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'section 96(2) Modification Application' 'development Consent Da264/2015']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Concerning a Section 96(2) Modification Application / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

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 the Court could have made in the proper exercise of its functions.' "Whether orders should be made to give effect to the parties' agreement modifying development consent DA264/2015."]

Ratio Decidendi

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 proceedings were therefore disposed of in accordance with the agreed decision by making orders upholding the appeal and granting approval to modify development consent DA264/2015.

Court Disposition

Appeal upheld; approval granted to modify development consent DA264/2015 pursuant to section 96(2) of the Environmental Planning and Assessment Act 1979.

Orders

  • ['Leave is granted to the Applicants to amend the section 96(2) modification application to modify development consent numbered DA264/2015 to rely on the specified amended documents, including architectural plans, Statement of Environmental Effects, Plan of Management, Acoustic Report, landscape plan and Services...