Monro v Central Coast Council [2016] NSWLEC 1563

Monro v Central Coast Council [2016] NSWLEC 1563

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 and make orders giving effect to it.

Jurisdiction
Australia
Judgment Date
24 November 2016
Procedural Posture
Class 1 Appeal – Development Application / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

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Procedural Posture

Class 1 Appeal – Development Application / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision 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 and make orders giving effect to it.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["The Applicant is granted leave to amend Development Application No. 48794/2015 from being an application for consent to a rural worker's dwelling and double garage to an application for consent to a new dwelling house and double garage and to change the use of the existing dwelling house to a rural worker's...