Brian Page v Northern Beaches Council [2017] NSWLEC 1225

Brian Page v Northern Beaches Council [2017] NSWLEC 1225

Because the parties reached an agreement under s 34(3) after a conciliation conference 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 decision and make orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
03 May 2017
Procedural Posture
Class 1 Development Application Appeal Against Deferred Commencement Conditions / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deferred Commencement Conditions' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'deferred Commencement Conditions' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Against Deferred Commencement Conditions / Orders Following Conciliation Conference and Agreement 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 reached at or after a conciliation conference under s 34AA and s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) after a conciliation conference 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 decision and make orders giving effect to the agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' "Development consent is granted to application No. DA2016/0479 for the construction of a secondary dwelling and a garage upon land at 160 Allambie Road, Allambie Heights subject to the conditions set out in Annexure 'A' hereto."]