Salerno v Northern Beaches Council [2020] NSWLEC 1376

Salerno v Northern Beaches Council [2020] NSWLEC 1376

Because the parties reached and filed an agreement under s 34 of the Land and Environment Court Act 1979, and the Commissioner was satisfied on the material that the proposed decision was one the Court could have made in the proper exercise of its functions and that there was no jurisdictional impediment, the proceedings had to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
19 August 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA 2019/0954 approved subject to conditions.
Legal Topics
['development Application' 'alterations and Additions to Existing Dwelling' 'secondary Dwelling' 'swimming Pool' 'conciliation Agreement' 'development Consent']
['planning and Environment Law'] ['development Application' 'alterations and Additions to Existing Dwelling' 'secondary Dwelling' 'swimming Pool' 'conciliation Agreement' 'development Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders in accordance with the parties' s 34 agreement in the proper exercise of its functions." 'Whether jurisdictional prerequisites for granting consent to Development Application DA 2019/0954 were satisfied.']

Ratio Decidendi

Because the parties reached and filed an agreement under s 34 of the Land and Environment Court Act 1979, and the Commissioner was satisfied on the material that the proposed decision was one the Court could have made in the proper exercise of its functions and that there was no jurisdictional impediment, the proceedings had to be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application DA 2019/0954 approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure A.' "The applicant is to pay the respondent's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed sum of $2,000.00."...