Rebel MH Bent Pty Ltd v North Sydney Council [2018] NSWLEC 1445

Rebel MH Bent Pty Ltd v North Sydney Council [2018] NSWLEC 1445

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one that the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
23 August 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application No. DA 404/2017 is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'maximum Height Standard' 'multi Dwelling Housing Development']
['planning and Environment' 'development Consent'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Variation Request' 'maximum Height Standard' 'multi Dwelling Housing Development']

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether the written request pursuant to clause 4.6 of the North Sydney Local Environmental Plan 2013 to vary the maximum height standard should be upheld.' 'Whether Development Application No. DA 404/2017 should be approved subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied that the agreed decision was one that the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

The appeal is upheld and Development Application No. DA 404/2017 is approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documents as referred to in condition 1 of the conditions of consent contained in Annexure "A".' 'The written request made, pursuant to clause 4.6 of the North Sydney Local Environmental Plan 2013, to vary the maximum height standard prepared by...