DEP Warriewood no. 2 Pty Ltd v Northern Beaches Council [2017] NSWLEC 1193

DEP Warriewood no. 2 Pty Ltd v Northern Beaches Council [2017] NSWLEC 1193

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 Court was required to dispose of the proceedings in accordance with that agreement without undertaking a merit assessment of the original disputed issues.

Jurisdiction
Australia
Judgment Date
13 April 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application N0460/16 approved as amended subject to conditions; costs thrown away ordered.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

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 Court was required to dispose of the proceedings in accordance with that agreement without undertaking a merit assessment of the original disputed issues.

Court Disposition

Appeal upheld; Development Application N0460/16 approved as amended subject to conditions; costs thrown away ordered.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely on the amended plans listed in condition A1 of Annexure "A" to this agreement.' 'Development Application N0460/16, as amended pursuant to paragraph 2 above, for the construction of a residential flat building on a yet to be created lot (Lot 21)...