Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1267

Ascot Project Management Pty Ltd v Northern Beaches Council [2016] NSWLEC 1267

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding 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 agreed decision.

Jurisdiction
Australia
Judgment Date
20 June 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application DA 540/2015 is approved subject to conditions contained in Annexure "A".
Legal Topics
['development Application' 'community Title Subdivision' 'wastewater and Infrastructure Provision' 'conciliation Conference' 'agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'community Title Subdivision' 'wastewater and Infrastructure Provision' 'conciliation Conference' 'agreement Between the Parties 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 Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding 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 agreed decision.

Court Disposition

The appeal is upheld and Development Application DA 540/2015 is approved subject to conditions contained in Annexure "A".

Orders

  • ['The appeal is upheld.' 'Development Application DA 540/2015 for a 20 lot community title subdivision and construction of associated infrastructure and access roads located at 10 Fern Creek Road, Warriewood is approved subject to the conditions contained in Annexure "A".']