Benson McCormack Pty Ltd v Northern Beaches Council [2016] NSWLEC 1236

Benson McCormack Pty Ltd v Northern Beaches Council [2016] NSWLEC 1236

The parties reached an agreement at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979. The Court was satisfied the decision could have been made in the proper exercise of its functions, requiring orders be made accordingly without adjudicating the merits.

Parties
Applicant: Benson McCormack Pty Ltd; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Development Application Appeal / Conciliation Conference With Agreement and Final Orders
Outcome
Appeal upheld; development consent granted by agreement; costs order made for amendment of application.
Legal Topics
Development Applications, Conciliation Conference, Appeal Procedure
Planning and Environment Law Development Applications Conciliation Conference Appeal Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

Benson McCormack Pty Ltd

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference With Agreement and Final Orders

Legal Issues

  1. 1 Whether the parties could agree on the terms of a decision regarding a development application appeal under s 34(3) of the Land and Environment Court Act 1979.

Ratio Decidendi

The parties reached an agreement at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979. The Court was satisfied the decision could have been made in the proper exercise of its functions, requiring orders be made accordingly without adjudicating the merits.

Court Disposition

Appeal upheld; development consent granted by agreement; costs order made for amendment of application.

Orders

  • The Applicant is given leave to amend the development application by substituting specified plans.
  • The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979, as agreed or as assessed.