Ferguson & Anor v Wollongong City Council [2016] NSWLEC 1224

Ferguson & Anor v Wollongong City Council [2016] NSWLEC 1224

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and granting consent to DA-2015/1674 subject to conditions.

Jurisdiction
Australia
Judgment Date
02 June 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and DA-2015/1674 is determined by the grant of consent, subject to the conditions at Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Development' 'land and Environment'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether DA-2015/1674 to erect a dwelling house and associated works at 8 Blackall Street Bulli should be determined by the grant of consent subject to conditions.']

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and granting consent to DA-2015/1674 subject to conditions.

Court Disposition

The appeal is upheld and DA-2015/1674 is determined by the grant of consent, subject to the conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'DA-2015/1674 to erect a dwelling house and associated works at 8 Blackall Street Bulli is determined by the grant of consent, subject to the conditions at Annexure A.']