Auxco Mascot Pty Ltd v Bayside Council [2017] NSWLEC 1032
The parties reached an agreement under s34(3) of the Land and Environment Court Act 1979, and the Court was satisfied it could have made the decision in the proper exercise of its functions. The proceeding must therefore be disposed of in accordance with the agreement.
- Parties
- Applicant: Auxco Mascot Pty Ltd; Respondent: Bayside Council
- Jurisdiction
- Australia
- Judgment Date
- 31 January 2017
- Procedural Posture
- Development Appeal / Conciliation Conference; Final Orders
- Outcome
- Appeal upheld by consent; original conditions amended by agreement; each party to bear own costs
- Legal Topics
- Development Consent, Modification of Conditions, Appeal Against Conditions, Section 34 Agreement, Conciliation Conference
Case Brief
Summary, issues, holding and outcome
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Parties
Auxco Mascot Pty Ltd
Applicant
Bayside Council
Respondent
Procedural Posture
Development Appeal / Conciliation Conference; Final Orders
Legal Issues
- 1 Whether the imposed consent conditions should be amended under s97(AA) Environmental Planning and Assessment Act 1979 after conciliation agreement
Ratio Decidendi
The parties reached an agreement under s34(3) of the Land and Environment Court Act 1979, and the Court was satisfied it could have made the decision in the proper exercise of its functions. The proceeding must therefore be disposed of in accordance with the agreement.
Court Disposition
Appeal upheld by consent; original conditions amended by agreement; each party to bear own costs
Orders
- The appeal is upheld.
- The conditions imposed by Council on 14 December 2016 to modify Development Consent No. 13/280 are amended as set out in Annexure A.
Full Case Text
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