Modog Pty Limited v Northern Beaches Council [2017] NSWLEC 1417

Modog Pty Limited v Northern Beaches Council [2017] NSWLEC 1417

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.

Jurisdiction
Australia
Judgment Date
02 August 2017
Procedural Posture
Class 1 Appeal Against Refusal of Modification Application No. DA Mod2016/0327 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Modification Application No. DA MOD2016/0327 approved subject to the consolidated conditions in Annexure A.
Legal Topics
['modification Application' 'housing for Seniors or People With a Disability' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']
['environmental Planning and Assessment' 'land and Environment'] ['modification Application' 'housing for Seniors or People With a Disability' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Modification Application No. DA Mod2016/0327 / Final 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 that the Court could have made in the proper exercise of its functions.']

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.

Court Disposition

Appeal upheld; Modification Application No. DA MOD2016/0327 approved subject to the consolidated conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to amend the section 96 modification application by substituting the amended plans and documents relied on for the purpose of the section 96 application.' 'The appeal is upheld.' 'Modification application No. DA MOD2016/0327 for modification of a proposed housing for seniors or...