Olivera v Northern Beaches Council [2017] NSWLEC 1747

Olivera v Northern Beaches Council [2017] NSWLEC 1747

The Court is required to make orders in accordance with an agreement reached under s34(3) of the Land and Environment Court Act 1979, provided the Commissioner is satisfied that the agreement is one the Court could have made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
22 December 2017
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Orders Made Following Agreement
Outcome
Appeal upheld, development consent granted subject to consent conditions as agreed between the parties.
Legal Topics
['development Application' 'appeal Against Conditions of Consent' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law'] ['development Application' 'appeal Against Conditions of Consent' 'conciliation Conference' 'agreement Between Parties']

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Orders Made Following Agreement

Legal Issues

  1. 1 ['Whether the conditions imposed on development consent should be varied or set aside' 'Whether an agreement under s34(3) of the Court Act is acceptable and can be disposed of by the Court']

Ratio Decidendi

The Court is required to make orders in accordance with an agreement reached under s34(3) of the Land and Environment Court Act 1979, provided the Commissioner is satisfied that the agreement is one the Court could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld, development consent granted subject to consent conditions as agreed between the parties.

Orders

  • ['Leave granted for the Applicant to rely on the minor amendments set out in specified plans annexed as Annexure B.' 'The appeal is upheld and Development Application 371/2016 is approved, granting conditional development consent subject to the conditions in Annexure A.']