Ostaford Pty Ltd v Central Coast Council [2017] NSWLEC 1297

Ostaford Pty Ltd v Central Coast Council [2017] NSWLEC 1297

Having been satisfied as to the propriety of the agreement under s 34(3) of the Land and Environment Court Act 1979, the Court is required to dispose of the proceedings in accordance with the parties' agreement without undertaking a merits assessment.

Jurisdiction
Australia
Judgment Date
09 June 2017
Procedural Posture
Conciliation Conference / Final Orders Following Agreement
Outcome
Appeal upheld and consent to development granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Act 1979']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Conciliation Conference / Final Orders Following Agreement

Legal Issues

  1. 1 ['Whether the Court should dispose of the proceedings in accordance with the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Having been satisfied as to the propriety of the agreement under s 34(3) of the Land and Environment Court Act 1979, the Court is required to dispose of the proceedings in accordance with the parties' agreement without undertaking a merits assessment.

Court Disposition

Appeal upheld and consent to development granted subject to conditions.

Orders

  • ['The appeal is upheld.' "Leave is granted to the applicant to rely on the amended plans referred to in condition 1.1 of annexure 'A'." "Consent is granted to development application 47009/2015, for construction and establishment of drive through, take-away and dine-in restaurant (Carls Jnr) and signage, at Lot 201...