Blackmore Design Group Pty Ltd v Northern Beaches Council [2016] NSWLEC 1524

Blackmore Design Group Pty Ltd v Northern Beaches Council [2016] NSWLEC 1524

The appeal is upheld and the modification to Development Consent No. DA81/2013 is approved in accordance with the agreement reached between the parties at the conciliation conference as required by s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
08 November 2016
Procedural Posture
Class 1 / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Modification approved.
Legal Topics
['modification Application' 'conciliation Conference' 'development Consent']
['planning and Environment'] ['modification Application' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Class 1 / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application to Development Consent No. DA81/2013 should be approved as per agreement between parties']

Ratio Decidendi

The appeal is upheld and the modification to Development Consent No. DA81/2013 is approved in accordance with the agreement reached between the parties at the conciliation conference as required by s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Modification approved.

Orders

  • ['The Appeal is upheld.' "The section 96(1A) application known as 'DA81/2013 – Section 96 Modification - Part 3' lodged with Respondent on 21 March 2016 to modify Development Consent No. DA81/2013 (as modified by 'DA81/2013 – Section 96 – Part 2' on 19 March 2015) is determined by approving the modification to...