Nolene Deane v Northern Beaches Council [2017] NSWLEC 1326

Nolene Deane v Northern Beaches Council [2017] NSWLEC 1326

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 Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
26 June 2017
Procedural Posture
Development Appeal Against Refusal of Development Application N0503/16 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application N0503/16 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'waterfront Facilities' 'conciliation Conference' 'agreement Between Parties' 'orders by Consent Under S 34(3)']
['planning and Environment Law'] ['development Application' 'waterfront Facilities' 'conciliation Conference' 'agreement Between Parties' 'orders by Consent Under S 34(3)']

Case Brief

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Procedural Posture

Development Appeal Against Refusal of Development Application N0503/16 / 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 proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development application N0503/16 for replacement and alteration of waterfront facilities at 128 Waterview Street, Mona Vale should be approved subject to conditions.']

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 Court was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application N0503/16 approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development application N0503/16 for amendments to the existing waterfront facilities at 128 Waterview Street, Mona Vale (Lot 1 DP 545510), is approved subject to the conditions in Annexure A.']