Rae Cottle v Northern Beaches Council [2016] NSWLEC 1346

Rae Cottle v Northern Beaches Council [2016] NSWLEC 1346

Where the parties have reached an agreement that the Court is satisfied it could have made, the Court must make orders in accordance with the agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
17 August 2016
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld by consent orders made at conciliation conference
Legal Topics
['development Application' 'conciliation Conference' 'court Approved Agreement']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'court Approved Agreement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the conciliated agreement under s 34(3) of the Land and Environment Court Act 1979 was acceptable to the parties and could be made by the Court.']

Ratio Decidendi

Where the parties have reached an agreement that the Court is satisfied it could have made, the Court must make orders in accordance with the agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld by consent orders made at conciliation conference

Orders

  • ["The Applicant is granted leave to rely on the amended plans as identified in Condition 1 of Annexure 'A'." 'The appeal is upheld.' "Development application N0005/16 for demolition of existing dwelling and construction of a new dwelling and swimming pool at 13 Malo Road, Whale Beach is approved subject to the...