ALH Group Pty Ltd v Northern Beaches Council [2018] NSWLEC 1177

ALH Group Pty Ltd v Northern Beaches Council [2018] NSWLEC 1177

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
12 April 2018
Procedural Posture
Class 1 Appeal Concerning Refusal of a Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application no. 2015/0901 (as amended) approved subject to conditions; no order as to costs.
Legal Topics
['development Application' 'conciliation Conference' 'alterations and Additions to Licensed Premises' 'hotel or Motel Accommodation' 'retail Liquor Store' 'agreement Between Parties Under S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'alterations and Additions to Licensed Premises' 'hotel or Motel Accommodation' 'retail Liquor Store' 'agreement Between Parties Under S 34(3)']

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Procedural Posture

Class 1 Appeal Concerning Refusal of a Development 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 Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development application no. 2015/0901, as amended, should be approved subject to conditions.']

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the amended development application subject to conditions.

Court Disposition

Appeal upheld; development application no. 2015/0901 (as amended) approved subject to conditions; no order as to costs.

Orders

  • ['The appeal is upheld.' 'Development application no. 2015/0901 (as amended) for demolition works, alterations and additions to the existing pub, construction of hotel or motel accommodation and retail liquor store at Lot X DP 405206, 39 Frenchs Forest Road East, Frenchs Forest is approved, subject to the conditions...