ACN 605 170 081 Pty Ltd v Northern Beaches Council [2017] NSWLEC 1078

ACN 605 170 081 Pty Ltd v Northern Beaches Council [2017] NSWLEC 1078

The Court disposed of the proceedings in accordance with the terms agreed by the parties at the conciliation conference, satisfying the requirements of s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
22 February 2017
Procedural Posture
Development Application Appeal / Orders Following Conciliation Conference Under S 34(3) of Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted subject to conditions by agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Orders Following Conciliation Conference Under S 34(3) of Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement reached at a conciliation conference is appropriate for disposal of the proceedings under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the terms agreed by the parties at the conciliation conference, satisfying the requirements of s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld and development consent granted subject to conditions by agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Leave granted for the Applicant to rely on the plans and documents referred to in Condition 1 of Annexure "A" to this agreement.' "Pursuant to s97B(2) Environmental Planning and Assessment Act 1979 NSW the Applicant is to pay the First Respondent's costs of $6,000.00 on or before 2 March 2017, being costs thrown...