JPF Holdings Pty Ltd v Central Coast Council [2016] NSWLEC 1376

JPF Holdings Pty Ltd v Central Coast Council [2016] NSWLEC 1376

The court must make orders giving effect to parties' agreement under s 34(3) of the Land and Environment Court Act 1979 if satisfied the decision is one that could properly be made by the court.

Jurisdiction
Australia
Judgment Date
30 August 2016
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development application as amended approved subject to consent conditions. Applicant to pay respondent's costs thrown away as a result of amendment, as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'court Approved Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Approved Agreement']

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

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether amended development application should be approved as agreed by parties at conciliation conference.' 'Responsibility for costs due to amendment of the development application.']

Ratio Decidendi

The court must make orders giving effect to parties' agreement under s 34(3) of the Land and Environment Court Act 1979 if satisfied the decision is one that could properly be made by the court.

Court Disposition

Appeal upheld. Development application as amended approved subject to consent conditions. Applicant to pay respondent's costs thrown away as a result of amendment, as agreed or assessed.

Orders

  • ['The Applicant is granted leave to amend Development Application No. 48856/2015 to rely upon the amended plans annexed and referred to in consent conditions.' "Pursuant to s 97B of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent's costs thrown away as a result of...