Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1368

Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1368

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting 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 development application subject to conditions.

Jurisdiction
Australia
Judgment Date
03 August 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA 471/2015 approved subject to conditions contained in Annexure A.
Legal Topics
['development Application' 'residential Flat Building' 'water Balance/quality' 'access' 'built Form' 'essential Services Provision' 'landscaping' 'conciliation Conference' 'agreement Between the Parties']
['planning and Development' 'land and Environment Court Procedure'] ['development Application' 'residential Flat Building' 'water Balance/quality' 'access' 'built Form' 'essential Services Provision' 'landscaping' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA 471/2015 for construction of a 28 unit residential flat building over three levels at 6 Orchard Street, Warriewood 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 Acting 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 development application subject to conditions.

Court Disposition

Appeal upheld; Development Application DA 471/2015 approved subject to conditions contained in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application DA 471/2015 for the construction of a 28 unit residential flat building over three levels located at 6 Orchard Street, Warriewood is approved subject to the conditions contained in Annexure "A".']