Matthew Lepouris Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1350

Matthew Lepouris Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1350

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 Court was required to dispose of the proceedings in accordance with that decision, resulting in the appeal being upheld and the modification application being approved subject to consolidated conditions.

Jurisdiction
Australia
Judgment Date
10 July 2018
Procedural Posture
Class 1 Appeal Against Refusal of Modification Application No. DA 404/2009/5 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application no. DA404/2009/5 approved subject to the consolidated conditions contained at annexure "A".
Legal Topics
['modification Application' 'development Consent Conditions' 'restriction on Use of Parking Spaces' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment' 'development Consent Modification'] ['modification Application' 'development Consent Conditions' 'restriction on Use of Parking Spaces' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Modification Application No. DA 404/2009/5 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether modification application no. DA404/2009/5 to modify development consent no. DA404/2009 should be approved.' "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."]

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 Court was required to dispose of the proceedings in accordance with that decision, resulting in the appeal being upheld and the modification application being approved subject to consolidated conditions.

Court Disposition

Appeal upheld; modification application no. DA404/2009/5 approved subject to the consolidated conditions contained at annexure "A".

Orders

  • ['The appeal is upheld.' 'Modification application no. DA404/2009/5 seeking to modify development consent no. DA404/2009 to remove the restriction on the use of lots 13 to 18 (inclusive) in SP 832265 at 100 New South Head Road, Edgecliff NSW 2027, is approved subject to the consolidated conditions contained at...