H Y Koo & Associates v Northern Beaches Council [2018] NSWLEC 1480

H Y Koo & Associates v Northern Beaches Council [2018] NSWLEC 1480

The appeal is upheld and development consent DA2017/1127 is modified in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Development Application Appeal / Conciliation Conference—final Orders
Outcome
Appeal upheld; development consent modified; orders by consent under s 34(3)
Legal Topics
['development Application' 'court Convened Conciliation' 'consent Orders']
['planning and Environment Law'] ['development Application' 'court Convened Conciliation' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference—final Orders

Legal Issues

  1. 1 ['Whether development consent DA2017/1127 should be modified in accordance with the parties’ agreement']

Ratio Decidendi

The appeal is upheld and development consent DA2017/1127 is modified in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent modified; orders by consent under s 34(3)

Orders

  • ['The appeal is upheld.' "Development consent DA2017/1127 that relates to the land at Lot 88 DP 752017 at 88 Eurabba Road, Duffys Forest is modified pursuant to the Environmental Planning and Assessment Act 1979 so as to: (1) Delete condition 12 (Bushland Covenant); and (2) Insert condition 47 (Bushland Protection)...