Finch v Central Coast Council [2016] NSWLEC 1248

Finch v Central Coast Council [2016] NSWLEC 1248

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; accordingly, the proceedings were disposed of by making orders giving effect to the agreement without a merits assessment.

Jurisdiction
Australia
Judgment Date
16 June 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Section 96(2) application No. DA22405/2003 Part 3 approved to modify Development Consent No. DA22405/2003 as modified by DA22405/2003 Part 2.
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3) Orders']
['planning and Environment' 'development Consent'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3) Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference Agreement 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 proceedings should be disposed of in accordance with the agreed decision.']

Ratio Decidendi

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; accordingly, the proceedings were disposed of by making orders giving effect to the agreement without a merits assessment.

Court Disposition

Appeal upheld; Section 96(2) application No. DA22405/2003 Part 3 approved to modify Development Consent No. DA22405/2003 as modified by DA22405/2003 Part 2.

Orders

  • ['The Appeal is upheld.' 'Section 96(2) application No. DA22405/2003 Part 3 lodged with Respondent on 21 September 2015 to modify Development Consent No. DA22405/2003 as modified by DA22405/2003 Part 2 for dwelling addition at 26 Namatjira Drive, McMasters Beach is determined by approving the modifications as set...