Boston Blyth Fleming v Northern Beaches Council [2017] NSWLEC 1689

Boston Blyth Fleming v Northern Beaches Council [2017] NSWLEC 1689

The Court, being satisfied the decision reached under s 34(3) of the Land and Environment Court Act 1979 was one it could have made, made orders to give effect to the agreement, modifying development consent in accordance with the amended plans and conditions set out in Annexure A.

Parties
Applicant: Boston Blyth Fleming; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Application to Modify Development Consent / Final Orders Following Agreement at Conciliation Conference
Outcome
Application upheld by consent and development consent modified
Legal Topics
Modification Application, Court Granted Consent, Signage Package, Conciliation Agreement
Planning and Environment Law Modification Application Court Granted Consent Signage Package Conciliation Agreement

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Parties

Boston Blyth Fleming

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Application to Modify Development Consent / Final Orders Following Agreement at Conciliation Conference

Legal Issues

  1. 1 Application to modify development consent under s 96(8) Environmental Planning and Assessment Act 1979
  2. 2 Agreement between parties pursuant to s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

The Court, being satisfied the decision reached under s 34(3) of the Land and Environment Court Act 1979 was one it could have made, made orders to give effect to the agreement, modifying development consent in accordance with the amended plans and conditions set out in Annexure A.

Court Disposition

Application upheld by consent and development consent modified

Orders

  • The applicant is granted leave to rely on the amended plans referred to in the conditions set out in Annexure A.
  • The application is upheld.