Modog Pty Limited v North Sydney Council [2016] NSWLEC 1533

Modog Pty Limited v North Sydney Council [2016] NSWLEC 1533

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 making the stated orders.

Jurisdiction
Australia
Judgment Date
10 November 2016
Procedural Posture
Class 1 Development Application Proceedings / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement; development consent granted subject to conditions.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one 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 making the stated orders.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the Applicant to file and rely on the amended plans listed in order 4.1.' "Pursuant to s97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away in the sum of $2,000.00, within 14 days." 'Development consent is granted to development...