Modog Pty Ltd v North Sydney Council [2017] NSWLEC 1755

Modog Pty Ltd v North Sydney Council [2017] NSWLEC 1755

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and approval is given to the modification of the development consent.
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']
['planning and Environment' 'development Consent'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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 presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal is upheld and approval is given to the modification of the development consent.

Orders

  • ['The appeal is upheld.' "Approval is given to the modification of the development consent granted by Council on 28 March 2017 for external alterations and repairs, demolition works and business/building identification signage on land at 317 Pacific Highway North Sydney, to modify the consent and conditions in...