Gartner Trovato Architects Pty Limited v Northern Beaches Council [2017] NSWLEC 1177

Gartner Trovato Architects Pty Limited v Northern Beaches Council [2017] NSWLEC 1177

The Court, being satisfied that the terms of the parties' agreement could properly have been made by the Court, disposed of the proceedings per s 34(3) Land and Environment Court Act 1979 and made orders granting the amended development application subject to conditions.

Parties
Applicant: Gartner Trovato Architects Pty Limited; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
05 April 2017
Procedural Posture
Class 1 / Conciliation Conference; Final Orders Following Agreed Resolution
Outcome
Appeal upheld; amended development application approved subject to conditions
Legal Topics
Development Application, Conciliation Conference, Section 34 Land and Environment Court Act, Childcare Centre Approval
Planning and Environment Law Development Application Conciliation Conference Section 34 Land and Environment Court Act Childcare Centre Approval

Case Brief

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Parties

Gartner Trovato Architects Pty Limited

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference; Final Orders Following Agreed Resolution

Legal Issues

  1. 1 Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 should be given effect
  2. 2 Approval of amended development application for childcare centre

Ratio Decidendi

The Court, being satisfied that the terms of the parties' agreement could properly have been made by the Court, disposed of the proceedings per s 34(3) Land and Environment Court Act 1979 and made orders granting the amended development application subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions

Orders

  • The Applicant is granted leave to amend the development application to rely upon Architectural plan number 05C and to change the use to a 71 place childcare centre.
  • The Appeal is upheld.