Dixon Andrews Architects Pty Ltd v North Sydney Council [2018] NSWLEC 1522

Dixon Andrews Architects Pty Ltd v North Sydney Council [2018] NSWLEC 1522

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 the agreement by upholding the appeal and approving the modification application subject to conditions.

Jurisdiction
Australia
Judgment Date
09 October 2018
Procedural Posture
Class 1 Development Application Appeal Concerning Modification Application 326/16/2 / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application 326/16/2 approved subject to the conditions set out in Annexure A to the agreement.
Legal Topics
['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal Concerning Modification Application 326/16/2 / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 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 agreed decision.']

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 the agreement by upholding the appeal and approving the modification application subject to conditions.

Court Disposition

Appeal upheld; Modification Application 326/16/2 approved subject to the conditions set out in Annexure A to the agreement.

Orders

  • ['The Applicant has leave to rely on the amended plans identified in order 1.' 'The Appeal is upheld.' 'Modification Application 326/16/2 seeking to modify Development Application 326/26 is approved subject to the conditions set out in Annexure "A" to the agreement.']