Level 88 Developments Pty Ltd v Northern Beaches Council [2017] NSWLEC 1016

Level 88 Developments Pty Ltd v Northern Beaches Council [2017] NSWLEC 1016

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the decision was one the Court could have made, the Court was required to dispose of the proceedings in accordance with the agreement and set out the terms of the decision in writing.

Parties
Applicant: Level 88 Developments Pty Ltd; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
18 January 2017
Procedural Posture
Development Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Appeal Against Refusal, Conciliation Conference, Consent Orders
Planning and Environment Development Application Appeal Against Refusal Conciliation Conference Consent Orders

Case Brief

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Parties

Level 88 Developments Pty Ltd

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 Whether the development application should be approved subject to agreement between parties after conciliation conference

Ratio Decidendi

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the decision was one the Court could have made, the Court was required to dispose of the proceedings in accordance with the agreement and set out the terms of the decision in writing.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • Applicant granted leave to amend the development application and rely on the amended plans referred to in annexure "A".
  • Applicant to pay respondent's costs thrown away as a result of amending the application as agreed or assessed.