Pier Property Corporation v Sutherland Shire Council [2017] NSWLEC 1201

Pier Property Corporation v Sutherland Shire Council [2017] NSWLEC 1201

Upon agreement of the parties following conciliation, and the Commissioner being satisfied the decision is within the proper exercise of the Court's functions, final orders are to be made granting leave to rely on specific plans, upholding the appeal, and approving the modification application subject to conditions.

Jurisdiction
Australia
Judgment Date
21 April 2017
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification application approved as per agreement by parties and orders under s 34(3) of Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'section 96 Modification' 'agreement Between Parties']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 96 Modification' 'agreement Between Parties']

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether agreement between parties may be made an order of the Court under s 34(3) Land and Environment Court Act 1979' 'Whether proposed decision is one the Court could make in the proper exercise of its functions']

Ratio Decidendi

Upon agreement of the parties following conciliation, and the Commissioner being satisfied the decision is within the proper exercise of the Court's functions, final orders are to be made granting leave to rely on specific plans, upholding the appeal, and approving the modification application subject to conditions.

Court Disposition

Appeal upheld; modification application approved as per agreement by parties and orders under s 34(3) of Land and Environment Court Act 1979.

Orders

  • ["The applicant is granted leave to rely on the plans listed under Condition 1 in Annexure 'A' below the heading '1. Approved Plans and Documents'." 'Appeal upheld.' "Section 96 Modification Application (MA 16/0107) for the modification to DA 15/1178 to provide 2 rooftop communal open spaces, reconfigure and...