Anthony Gleeson v Northern Beaches Council [2017] NSWLEC 1215

Anthony Gleeson v Northern Beaches Council [2017] NSWLEC 1215

An agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
28 April 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved in accordance with conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 could be given effect by orders of the Court.']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by orders giving effect to that agreement.

Court Disposition

Appeal upheld; development application approved in accordance with conditions in Annexure A.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans listed in the orders.' 'The appeal is upheld.' 'Development application No. N0267/16 for demolition of all existing structures and the construction of a shoptop housing development, comprising 3 commercial units, 20 residential units and off-street...