Cam No. 2 Pty Ltd v Northern Beaches Council [2016] NSWLEC 1327

Cam No. 2 Pty Ltd v Northern Beaches Council [2016] NSWLEC 1327

Because 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, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the modification application subject to the consolidated conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
08 August 2016
Procedural Posture
Class 1 Appeal Against Refusal of an Application to Modify Development Application Number Da297/2012 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved subject to the consolidated conditions set out in Annexure A.
Legal Topics
['modification of Development Approval' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environmental Law' 'land and Environment Court Proceedings'] ['modification of Development Approval' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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Procedural Posture

Class 1 Appeal Against Refusal of an Application to Modify Development Application Number Da297/2012 / Final 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 the modification application relating to Development Application number DA297/2012 should be approved subject to conditions.']

Ratio Decidendi

Because 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, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the modification application subject to the consolidated conditions in Annexure A.

Court Disposition

Appeal upheld; modification application approved subject to the consolidated conditions set out in Annexure A.

Orders

  • ['The appeal is upheld.' 'The modification application filed with the Court on 21 June 2016 in relation to Development Application number DA297/2012 relating to the land at 102 Bower Street and 12-13 Marine Parade, Manly, NSW, for the "section 96 application to modify approved Demolition of the existing buildings,...