Greg Windust v Central Coast Council [2017] NSWLEC 1370

Greg Windust v Central Coast Council [2017] NSWLEC 1370

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreed decision.

Jurisdiction
Australia
Judgment Date
17 July 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to rely on amended plans; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; 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 the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreed decision.

Court Disposition

Appeal upheld; leave granted to rely on amended plans; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Leave is granted to the applicant to rely on the amended plans referred to in condition 1.1 of annexure "A";' 'Consent is granted to development application 50438/20165, for construction of a 2 storey boarding house in 2 buildings with basement parking, comprising 9 boarding rooms (6 in one...