Lotus Project Management Pty Ltd ; (ACN 601 309 237) v Northern Beaches Council [2017] NSWLEC 1522

Lotus Project Management Pty Ltd ; (ACN 601 309 237) v Northern Beaches Council [2017] NSWLEC 1522

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 proceedings were disposed of in accordance with that agreement by upholding the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
21 September 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; Applicant to pay Respondent's costs thrown away as a result of amending the development application as agreed or as assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'shop Top Housing Development' 'clause 4.6 Written Request' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'shop Top Housing Development' 'clause 4.6 Written Request' 'costs Thrown Away']

Source-derived case record

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether Development Application no. DA2016/1318 should be approved subject to conditions.' "Whether the Applicant's clause 4.6 written request to vary the height limit should be upheld."]

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; Applicant to pay Respondent's costs thrown away as a result of amending the development application as agreed or as assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended plans and documents as referred to in the conditions of consent contained in Annexure "A" and included at Annexure "B".' "The Applicant's clause 4.6 written request to vary the height limit is upheld." 'Development Application no....