Godden & anor v Northern Beaches Council [2016] NSWLEC 1309

Godden & anor v Northern Beaches Council [2016] NSWLEC 1309

The Court upheld the appeal and approved the development application as amended because the parties reached an agreement in accordance with s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied that the decision was one it could have made in the proper exercise of its functions.

Parties
First Applicant: Craig Godden; Second Applicant: Renae Godden; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
21 July 2016
Procedural Posture
Development Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved as amended; costs order in favour of respondent
Legal Topics
Development Application, Conciliation Conference, Court Orders
Environmental Law Planning Law Development Application Conciliation Conference Court Orders

Case Brief

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Parties

Craig Godden

First Applicant

Renae Godden

Second Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 Approval of development application
  2. 2 Amendment to development application
  3. 3 Costs arising from amendment

Ratio Decidendi

The Court upheld the appeal and approved the development application as amended because the parties reached an agreement in accordance with s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied that the decision was one it could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld; development application approved as amended; costs order in favour of respondent

Orders

  • Applicant granted leave to amend development application to rely upon specified plans
  • Appeal upheld