Murrell v Woollahra Municipal Council [2018] NSWLEC 1099

Murrell v Woollahra Municipal Council [2018] NSWLEC 1099

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding 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 and make the agreed orders.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Class 1 Development Application/modification Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application DA14/2013/3 approved subject to conditions.
Legal Topics
['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)']

Case Brief

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Procedural Posture

Class 1 Development Application/modification Application Appeal / 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 proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Modification Application DA14/2013/3 should be approved subject to agreed conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding 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 and make the agreed orders.

Court Disposition

Appeal upheld; Modification Application DA14/2013/3 approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely upon the plans referred to in Condition A.6 of Annexure "A" to this agreement.' 'The Appeal is upheld.' 'Modification Application DA14/2013/3 for external modifications, a landscaping modification and the deletion/modification of...