Osbourne Investments Pty Ltd v Central Coast Council [2017] NSWLEC 1536
The Court must make orders to give effect to an agreement reached between parties under s 34(3) of the Land and Environment Court Act 1979, provided the Court is satisfied it could have made such a decision in proper exercise of its functions.
- Parties
- Applicant: Osbourne Investments Pty Ltd; Applicant: Megawise Funds Management Pty Ltd; Respondent: Central Coast Council
- Jurisdiction
- Australia
- Judgment Date
- 25 September 2017
- Procedural Posture
- Development Application Appeal / Conciliation Conference and Final Orders
- Outcome
- Appeal upheld; consent granted to development application.
- Legal Topics
- Development Applications, Conciliation Conferences, Agreements Under S 34 Land and Environment Court Act
Case Brief
Summary, issues, holding and outcome
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Parties
Osbourne Investments Pty Ltd
Applicant
Megawise Funds Management Pty Ltd
Applicant
Central Coast Council
Respondent
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Legal Issues
- 1 Whether consent should be granted to the development application following agreement reached between the parties under s 34(3) Land and Environment Court Act
Ratio Decidendi
The Court must make orders to give effect to an agreement reached between parties under s 34(3) of the Land and Environment Court Act 1979, provided the Court is satisfied it could have made such a decision in proper exercise of its functions.
Court Disposition
Appeal upheld; consent granted to development application.
Orders
- The Applicant is granted leave to rely on amended plans referenced to in condition 2, Annexure A.
- The Appeal is upheld.
Full Case Text
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