James Peter Southwell-Keely v Woollahra Municipal Council [2017] NSWLEC 1039

James Peter Southwell-Keely v Woollahra Municipal Council [2017] NSWLEC 1039

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 therefore required to dispose of the proceedings in accordance with that decision and made orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
03 February 2017
Procedural Posture
Class 1 Development Application Appeal Concerning a Section 96 Modification Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; section 96 modification application DA506/2010/2 approved to modify Development Consent DA506/2010 in accordance with the agreed orders.
Legal Topics
['development Application' 'section 96 Modification Application' 'conciliation Conference' 'consent Orders' 'development Consent Conditions']
['planning and Environment Law'] ['development Application' 'section 96 Modification Application' 'conciliation Conference' 'consent Orders' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Concerning a Section 96 Modification Application / Final 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 had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one 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 DA506/2010."]

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 Court was therefore required to dispose of the proceedings in accordance with that decision and made orders giving effect to the agreement.

Court Disposition

Appeal upheld; section 96 modification application DA506/2010/2 approved to modify Development Consent DA506/2010 in accordance with the agreed orders.

Orders

  • ['The Applicant is given leave to amend the development application by substituting specified plans and documents relied upon for the purposes of the section 96 modification application.' 'The appeal is upheld.' 'Section 96 modification application DA506/2010/2 is approved to modify Development Consent DA506/2010.'...