Silver Stallion Pty Limited v Central Coast Council [2017] NSWLEC 1186

Silver Stallion Pty Limited v Central Coast Council [2017] NSWLEC 1186

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreement reached was one the Court could have made, disposed of the proceedings in accordance with that agreement without making any merit assessment of the underlying issues.

Jurisdiction
Australia
Judgment Date
11 April 2017
Procedural Posture
Appeal / Post Conciliation Conference Final Orders
Outcome
Appeal upheld; consent granted subject to annexed conditions
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Appeal / Post Conciliation Conference Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by the Court"]

Ratio Decidendi

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the agreement reached was one the Court could have made, disposed of the proceedings in accordance with that agreement without making any merit assessment of the underlying issues.

Court Disposition

Appeal upheld; consent granted subject to annexed conditions

Orders

  • ['The appeal is upheld.' "Leave granted to applicant to rely on amended plans referred to in condition 1.1 of annexure 'A'." "Consent granted to development application 47050/2015 to demolish existing restaurant and erect a residential flat building comprising 18 units at Lot 4 DP 327014, 49 Masons Parade, Point...