Salama v Northern Beaches Council [2018] NSWLEC 1264

Salama v Northern Beaches Council [2018] NSWLEC 1264

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 DA2017/0825 subject to conditions.

Jurisdiction
Australia
Judgment Date
04 June 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA2017/0825 approved subject to conditions set out in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'coastal Protection Works' 'seawall']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'coastal Protection Works' 'seawall']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA2017/0825 for coastal protection works on the eastern boundary of 1104 & 1106 Pittwater Road, Collaroy, NSW should be approved subject to agreed 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 DA2017/0825 subject to conditions.

Court Disposition

Appeal upheld; Development Application DA2017/0825 approved subject to conditions set out in Annexure A.

Orders

  • ['The Appeal is upheld.' 'Development Application DA2017/0825 proposed the construction of coastal protections works (a seawall) on the eastern boundary of properties known as 1104 & 1106 Pittwater Road, Collaroy, NSW is approved subject to the conditions set out in Annexure "A" to this agreement.']