Miller v Northern Beaches Council [2018] NSWLEC 1126

Miller v Northern Beaches Council [2018] NSWLEC 1126

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 proceedings were disposed of in accordance with the agreement by upholding the application and modifying the development consent pursuant to section 96(8) of the Environmental Planning and Assessment Act 1979 (NSW).

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Class 1 Appeal Seeking to Modify a Court Granted Development Consent / Conciliation Conference Agreement and Final Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Application upheld; development consent modified in accordance with Annexure A to the agreement.
Legal Topics
['development Application' 'modification of Development Consent' 'subdivision' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']
['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'subdivision' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Seeking to Modify a Court Granted Development Consent / Conciliation Conference Agreement and Final Orders Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether the development consent for subdivision of 2 lots into 4 lots at 232 and 234 Barrenjoey Road, Newport should be modified.']

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 proceedings were disposed of in accordance with the agreement by upholding the application and modifying the development consent pursuant to section 96(8) of the Environmental Planning and Assessment Act 1979 (NSW).

Court Disposition

Application upheld; development consent modified in accordance with Annexure A to the agreement.

Orders

  • ['The application is upheld.' 'Pursuant to section 96(8) of the Environmental Planning and Assessment Act 1979 (NSW), the development consent granted by the Court in proceedings 10411 of 2010, as modified by Council in N0051/09/S96/1 in 2012 and as modified by the Court in proceedings 10792 of 2014, for the...