Cottage Developers Pty Limited v Northern Beaches Council [2016] NSWLEC 1399

Cottage Developers Pty Limited v Northern Beaches Council [2016] NSWLEC 1399

The proceedings were disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979. The Court was satisfied the agreement was one it could have made in the proper exercise of its functions, resulting in upholding the appeal and granting development...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 September 2016
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; modification of development application granted subject to conditions
Legal Topics
['appeal Against Deemed Refusal' 'modification of Development Application' 'conciliation Agreement' 'environmental Planning']
['planning Law'] ['appeal Against Deemed Refusal' 'modification of Development Application' 'conciliation Agreement' 'environmental Planning']

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application for development consent should be approved following agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The proceedings were disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979. The Court was satisfied the agreement was one it could have made in the proper exercise of its functions, resulting in upholding the appeal and granting development consent to the modification application.

Court Disposition

Appeal upheld; modification of development application granted subject to conditions

Orders

  • ['The appeal is upheld.' 'Development consent is granted to the modification of development application number DAN0337/13 at 1754 Pittwater Rd Bayview, subject to the conditions in Annexure A and as detailed in specified architectural plans.']