Anglican Community Services (trading as Anglicare) v Northern Beaches Council [2016] NSWLEC 1461

Anglican Community Services (trading as Anglicare) v Northern Beaches Council [2016] NSWLEC 1461

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 granting leave to amend the modification application, upholding the appeal, and modifying the development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Class 1 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; leave to amend the modification application granted; Development Consent No. N0267/13 modified pursuant to s96(2) of the Environmental Planning and Assessment Act 1979 (NSW).
Legal Topics
['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Modification']
['planning and Environment Law'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Modification']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 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 parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether leave should be granted to amend Modification Application No. N0267/13/S96/3 to rely on amended plans.' 'Whether Development Consent No. N0267/13 should be modified pursuant to s96(2) of the Environmental Planning and Assessment Act 1979 (NSW).']

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 granting leave to amend the modification application, upholding the appeal, and modifying the development consent subject to conditions.

Court Disposition

Appeal upheld; leave to amend the modification application granted; Development Consent No. N0267/13 modified pursuant to s96(2) of the Environmental Planning and Assessment Act 1979 (NSW).

Orders

  • ['The Applicant is granted leave to amend Modification Application No. N0267/13/S96/3 to rely upon the amended plans as identified in Condition AA of the conditions of consent annexed hereto and marked "A".' 'The appeal is upheld.' 'Development Consent No. N0267/13 is modified in accordance with Modification...