Yang and Anor v North Sydney Council [2017] NSWLEC 1378

Yang and Anor v North Sydney Council [2017] NSWLEC 1378

Agreement was reached between the parties at or after a conciliation conference, and the presiding Commissioner was satisfied the decision could be made by the Court in the exercise of its functions; therefore, the orders made reflect and give effect to that agreement as required by s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Zhenyi Yang and Menging Hu; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
18 July 2017
Procedural Posture
Development Application Appeal / Conciliation Conference – Final Orders
Outcome
Appeal upheld; development application approved with conditions; costs ordered against applicant
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Law Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Zhenyi Yang and Menging Hu

Applicant

North Sydney Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference – Final Orders

Legal Issues

  1. 1 Whether the parties' agreement can be disposed of under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Agreement was reached between the parties at or after a conciliation conference, and the presiding Commissioner was satisfied the decision could be made by the Court in the exercise of its functions; therefore, the orders made reflect and give effect to that agreement as required by s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved with conditions; costs ordered against applicant

Orders

  • Appeal upheld.
  • Development Application No DA10.2016/175 for the demolition of existing residential dwelling and construction of a two-storey residential dwelling at 65 Shellcove Road, Kurraba Point is approved, subject to conditions in Annexure A.