Simpson v Northern Beaches Council [2019] NSWLEC 1004

Simpson v Northern Beaches Council [2019] NSWLEC 1004

Parties' agreement to allow amended plans resolves reasons for previous refusal. The agreement is a decision the Court could have properly made, requiring the proceedings to be disposed of in accordance with the agreement, including grant of consent and order as to costs.

Jurisdiction
Australia
Judgment Date
09 January 2019
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved; order for payment of thrown away costs; leave to rely on amended plans granted
Legal Topics
['development Application' 'conciliation Conference' 'amended Plans' 'costs Thrown Away' 'strata Subdivision']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'amended Plans' 'costs Thrown Away' 'strata Subdivision']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether to grant consent to the amended development application' "Whether parties' agreement is a decision the Court could have made in the proper exercise of its functions" 'Whether to make an order for costs thrown away as a result of amending the development application']

Ratio Decidendi

Parties' agreement to allow amended plans resolves reasons for previous refusal. The agreement is a decision the Court could have properly made, requiring the proceedings to be disposed of in accordance with the agreement, including grant of consent and order as to costs.

Court Disposition

Appeal upheld; development application approved; order for payment of thrown away costs; leave to rely on amended plans granted

Orders

  • ['Leave is granted to the applicant to rely upon the amended plans as set out in condition No.1 of Annexure A.' 'Applicant to pay Respondent costs thrown away as a result of amending the development application in the amount of $900 within 21 days of the date of order.' 'The appeal is upheld.' 'Development...