Bower Restaurant Pty Limited v Northern Beaches Council [2017] NSWLEC 1011

Bower Restaurant Pty Limited v Northern Beaches Council [2017] NSWLEC 1011

The Court gave effect to the agreement reached by the parties at or after the conciliation conference pursuant to s 34(3) of the Land and Environment Court Act 1979 and made final orders accordingly, without determining the merits of the underlying dispute.

Parties
Applicant: Bower Restaurant Pty Limited; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
17 January 2017
Procedural Posture
Modification Application Appeal / Post Conciliation Conference Final Orders
Outcome
Appeal upheld. Modification application approved by agreement of the parties under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
Modification of Development Consent, Conciliation Conference, Section 34 Agreement
Planning and Environment Modification of Development Consent Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Bower Restaurant Pty Limited

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Modification Application Appeal / Post Conciliation Conference Final Orders

Legal Issues

  1. 1 Whether the modification of development consent should be approved pursuant to agreement reached under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court gave effect to the agreement reached by the parties at or after the conciliation conference pursuant to s 34(3) of the Land and Environment Court Act 1979 and made final orders accordingly, without determining the merits of the underlying dispute.

Court Disposition

Appeal upheld. Modification application approved by agreement of the parties under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • The appeal is upheld.
  • Section 96(1A) application no. 3754/1990/2 for the modification of development consent no. 3754/90 (extension of trading hours) is determined by approving the modification as set out in Annexure A.