Marchese v Central Coast Council [2018] NSWLEC 1310

Marchese v Central Coast Council [2018] NSWLEC 1310

Because the parties reached an agreement under s 34(3) 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 by upholding the appeal and granting consent to the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
21 June 2018
Procedural Posture
Class 1 Development Application Appeal Against Deemed Refusal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; consent granted to development application 52565/2017 subject to the conditions contained in Annexure A.
Legal Topics
['development Application' 'deemed Refusal' 'coastal Protection Works' 'conciliation Conference' 'agreement Between Parties' 'consent Subject to Conditions']
['planning and Environment Law'] ['development Application' 'deemed Refusal' 'coastal Protection Works' 'conciliation Conference' 'agreement Between Parties' 'consent Subject to Conditions']

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Procedural Posture

Class 1 Development Application Appeal Against Deemed Refusal / 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 proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether consent should be granted to development application 52565/2017 for construction of coastal protection works subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) 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 by upholding the appeal and granting consent to the development application subject to conditions.

Court Disposition

Appeal upheld; consent granted to development application 52565/2017 subject to the conditions contained in Annexure A.

Orders

  • ['The appeal is upheld.' 'Consent is granted to development application 52565/2017, for the construction of coastal protection works at Lot 6 DP 8854, 29 Pacific Street Wamberal; Lot 5 DP 8854, 31 Pacific Street Wamberal; Lot 4 DP 8854, 33 Pacific Street Wamberal; Lot 3 DP 8854, 23a Ocean View Drive Wamberal; Lot 2...