Betop Property Development Pty Ltd v North Sydney Council [2018] NSWLEC 1439

Where parties agree to terms under s 34(3) of the Land and Environment Court Act 1979, the Court must make orders disposing of the proceedings in those terms without further merit assessment.

Jurisdiction: Australia
Judgment Date: 20 August 2018
Procedural Posture: Appeal of Development Application Modification / Disposition After Conciliation Conference
Outcome: Appeal upheld by consent; orders made by agreement under s 34(3) of the Land and Environment Court Act 1979
Legal Topics: ['development Application' 'modification of Development Consent' 'consent Orders by Agreement']

['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'consent Orders by Agreement']

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Procedural Posture

Appeal of Development Application Modification / Disposition After Conciliation Conference

Legal Issues

1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 could be made to dispose of the proceeding and modify development consent DA 39/2016']

Ratio Decidendi

Where parties agree to terms under s 34(3) of the Land and Environment Court Act 1979, the Court must make orders disposing of the proceedings in those terms without further merit assessment.

Court Disposition

Appeal upheld by consent; orders made by agreement under s 34(3) of the Land and Environment Court Act 1979

Orders

['The appeal is upheld.' 'The Applicant is granted leave to amend the application to modify development consent no. DA 39/2016 by relying on specified plans and documents.' "The Applicant is to pay the Respondent's costs as agreed pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979."...