Wollun Project 2 Pty Ltd ATF Wollun Project Fund v Sutherland Shire Council [2017] NSWLEC 1614

Wollun Project 2 Pty Ltd ATF Wollun Project Fund v Sutherland Shire Council [2017] NSWLEC 1614

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreed decision could have been made in the proper exercise of its functions, disposes of the proceedings in accordance with that agreement, making the agreed orders.

Jurisdiction
Australia
Judgment Date
01 November 2017
Procedural Posture
Class 1 / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld. Orders made by consent under s34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']

Case Brief

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Procedural Posture

Class 1 / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether an agreement reached at conciliation under s 34(3) of the Land and Environment Court Act 1979 should be given effect by the Court']

Ratio Decidendi

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreed decision could have been made in the proper exercise of its functions, disposes of the proceedings in accordance with that agreement, making the agreed orders.

Court Disposition

Appeal upheld. Orders made by consent under s34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A".' 'The Appeal is upheld.' 'Development Application No. DA17/0566 for the demolition of existing dwellings and outbuildings and the construction of 9 townhouses is approved...