MacGregor & Anor v Willoughby City Council [2015] NSWLEC 1310

MacGregor & Anor v Willoughby City Council [2015] NSWLEC 1310

The Court is required by s 34(3)(a) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement reached at conciliation, having formed the view that such a decision is one the Court could make properly.

Jurisdiction
Australia
Judgment Date
06 August 2015
Procedural Posture
Appeal Against Refusal of Development Application / Disposition Following Conciliation; Agreement Reached Under S 34(3) Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with agreement reached between the parties at conciliation conference under s 34(3)
Legal Topics
['development Application' 'alterations and Additions to Dwelling' 'conciliation Conference' 'agreement Under S 34(3)']
['planning and Environment'] ['development Application' 'alterations and Additions to Dwelling' 'conciliation Conference' 'agreement Under S 34(3)']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Refusal of Development Application / Disposition Following Conciliation; Agreement Reached Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the refusal of development application DA-2015/4 for alterations and additions to first floor and roof of an existing dwelling house should be upheld or set aside']

Ratio Decidendi

The Court is required by s 34(3)(a) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the agreement reached at conciliation, having formed the view that such a decision is one the Court could make properly.

Court Disposition

Proceedings disposed of in accordance with agreement reached between the parties at conciliation conference under s 34(3)

Orders

  • ['Final orders giving effect to the agreement between the parties made on 06 August 2015']