Michael Lockley v Northern Beaches Council [2018] NSWLEC 1052

Michael Lockley v Northern Beaches Council [2018] NSWLEC 1052

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 amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; amended development application approved 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' 'construction of an Inclinator']
['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' 'construction of an Inclinator']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders 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 was a decision the Court could have made in the proper exercise of its functions." "What orders should be made to give effect to the parties' agreement."]

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 amended development application subject to conditions.

Court Disposition

Appeal upheld; amended development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans listed in condition A1 of Annexure "A" to this agreement.' 'The appeal is upheld.' 'Development Application No. N0519/16/R, as amended pursuant to paragraph 2(b) above, for the construction of an inclinator at 893 Barrenjoey Road, Palm Beach (Lot 6 DP...