Stephen Benneyworth v Northern Beaches Council [2017] NSWLEC 1475

Stephen Benneyworth v Northern Beaches Council [2017] NSWLEC 1475

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and development application N0456/16 is approved subject to the conditions in Annexure "A".
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders' 'land and Environment Court Act 1979 S 34(3)']
['environmental and Planning Law'] ['development Application' 'conciliation Conference' 'consent Orders' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

The appeal is upheld and development application N0456/16 is approved subject to the conditions in Annexure "A".

Orders

  • ['The appeal is upheld.' 'Development application N0456/16 for the demolition of existing dwelling and construction of a new dwelling and associated landscaping at 31 Bynya Road, Palm Beach is approved subject to the conditions in Annexure "A" hereto.']