Gartner Trovato Architects v Northern Beaches Council [2018] NSWLEC 1567

Gartner Trovato Architects v Northern Beaches Council [2018] NSWLEC 1567

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to a decision acceptable to them, and the Acting Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the modification of the development application subject to modified conditions.

Jurisdiction
Australia
Judgment Date
26 October 2018
Procedural Posture
Class 1 Appeal Concerning Modification of Development Application N0200/16 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification of Development Application N0200/16 approved subject to consolidated, modified conditions of development consent.
Legal Topics
['development Application Modification' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']
['planning and Environment Law'] ['development Application Modification' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'section 34 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 Appeal Concerning Modification of Development Application N0200/16 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by Court orders." 'Whether modification of Development Application N0200/16 should be approved in accordance with the agreed amendments.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to a decision acceptable to them, and the Acting Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the modification of the development application subject to modified conditions.

Court Disposition

Appeal upheld; modification of Development Application N0200/16 approved subject to consolidated, modified conditions of development consent.

Orders

  • ['The Appeal is upheld.' 'Modification of Development Application N0200/16 for the demolition of the existing dwelling, swimming pool, garage and ancillary structures, and to construct a part single and part two storey building for use as a 71 place childcare centre with basement parking, is approved in accordance...