Fiona Hughes v Northern Beaches Council [2016] NSWLEC 1384

Fiona Hughes v Northern Beaches Council [2016] NSWLEC 1384

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; therefore the proceedings were disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions and amended plans.

Jurisdiction
Australia
Judgment Date
26 August 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and development consent is granted to Development Application No. DA 2015/1303 subject to conditions and amended plans.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreed decision reached at or after the conciliation conference was one the Court could have made in the proper exercise of its functions.' "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."]

Ratio Decidendi

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; therefore the proceedings were disposed of in accordance with that agreement by upholding the appeal and granting development consent subject to conditions and amended plans.

Court Disposition

The appeal is upheld and development consent is granted to Development Application No. DA 2015/1303 subject to conditions and amended plans.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the specified Court issue plans dated 25 August 2016 prepared by CSquared Architects Pty Ltd as the plans relied upon for the purposes of the development application.' 'The appeal is upheld.' 'Development consent is granted to...