Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1268

Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1268

The parties reached an agreement at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could have made the decision; accordingly, the Court disposed of proceedings in accordance with the agreed terms, upholding the appeal and granting the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
20 June 2016
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
['development Application' 'community Title Subdivision' 'waste Water Management' 'adequacy of Essential Services' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment'] ['development Application' 'community Title Subdivision' 'waste Water Management' 'adequacy of Essential Services' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether Development Application DA 470/2015 for community title subdivision should be approved' 'Whether waste water management and adequacy of essential services are satisfactory']

Ratio Decidendi

The parties reached an agreement at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could have made the decision; accordingly, the Court disposed of proceedings in accordance with the agreed terms, upholding the appeal and granting the development application subject to conditions.

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application DA 470/2015 for the resubdivision of Lot 20 into Lots 1, 2, and 3 under Community Title Subdivision at 6 & 6A Orchard Street, Warriewood is approved subject to conditions contained in Annexure "A".']