Boston Blyth Fleming v Northern Beaches Council [2016] NSWLEC 1471

Boston Blyth Fleming v Northern Beaches Council [2016] NSWLEC 1471

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with that agreement by granting leave to rely on amended plans, upholding the appeal, and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
11 October 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved in accordance with conditions, including deferred commencement conditions, set out in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'deferred Commencement Conditions']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'deferred Commencement Conditions']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether leave should be granted to the Applicant to rely on amended plans.' 'Whether the appeal should be upheld and development application No. N0183/2015 approved subject to conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with that agreement by granting leave to rely on amended plans, upholding the appeal, and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved in accordance with conditions, including deferred commencement conditions, set out in Annexure A.

Orders

  • ['Leave is granted to the Applicant to rely on the following amended plans prepared by Alexander and Co dated 26 May 2016: DA-A.XX.001, Issue F, Site Plan & Roof Plan; DA-D.00.012, Issue F, Ground Floor- General Arrangement Plan 02; DA-E.XX.001, Issue F, Overall Building-External Elevation 01.' 'The appeal is...