Mosman Finance No.5 Pty Limited v North Sydney Council [2018] NSWLEC 1276

Mosman Finance No.5 Pty Limited v North Sydney Council [2018] NSWLEC 1276

An agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 was reached during a conciliation conference, and as the Commissioner was satisfied that the decision was one that the Court could have made, the Court was required to dispose of the proceedings in accordance with the agreement.

Parties
Applicant: Mosman Finance No.5 Pty Limited; Respondent: North Sydney Council
Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement
Planning and Environment Development Application Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Mosman Finance No.5 Pty Limited

Applicant

North Sydney Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether parties can agree to the terms of a decision under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the Court should make orders in accordance with the parties’ agreement

Ratio Decidendi

An agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 was reached during a conciliation conference, and as the Commissioner was satisfied that the decision was one that the Court could have made, the Court was required to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

  • The appeal is upheld.
  • Modification application DA D2015/205/2 to modify Development Consent No. D/2015/205 for alterations and additions to residential flat building including upper level additions, stairwell and lift, and in-ground car-stacker for 9 vehicles at 26 Cremorne Road, Cremorne point is approved in accordance with conditions...