Wallace v Northern Beaches Council [2017] NSWLEC 1388

Wallace v Northern Beaches Council [2017] NSWLEC 1388

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, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 July 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders by Agreement Under S 34(3)
Outcome
Appeal upheld; Development Application No. N0116/17 approved as amended, subject to conditions.
Legal Topics
['development Application' 'alterations and Additions to Dwelling House' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'alterations and Additions to Dwelling House' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Orders by Agreement Under S 34(3)

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. N0116/17, as amended, should be approved subject to conditions.']

Ratio Decidendi

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, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No. N0116/17 approved as amended, subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans listed in condition A1 of Annexure "A".' "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant shall pay the Respondent's costs that are thrown away as a result of amending Development Application No. N0116/17...