Aaron Hatch v NORTHERN BEACHES COUNCIL [2017] NSWLEC 1381

Aaron Hatch v NORTHERN BEACHES COUNCIL [2017] NSWLEC 1381

An agreement between the parties reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 was acceptable to the Court, and the court is required to make orders reflecting that agreement.

Jurisdiction
Australia
Judgment Date
18 July 2017
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld as per parties' agreement under s 34(3) Land and Environment Court Act 1979
Legal Topics
['development Application' 'conciliation Conference' 'costs Order']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'costs Order']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect in relation to a development application appeal']

Ratio Decidendi

An agreement between the parties reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 was acceptable to the Court, and the court is required to make orders reflecting that agreement.

Court Disposition

Appeal upheld as per parties' agreement under s 34(3) Land and Environment Court Act 1979

Orders

  • ['Leave granted to the Applicant to rely on amended plans set out in Condition 1 of Annexure A to this agreement.' 'The appeal is upheld.' "Development Application No. 370/2016 for demolition of existing structures, construction of two semi-detached dwelling houses including Torrents Title Subdivision, is approved...