Tom Baxter v Northern Beaches Council [2017] NSWLEC 1179

Tom Baxter v Northern Beaches Council [2017] NSWLEC 1179

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 proceedings were disposed of in accordance with that agreement without any merits assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
06 April 2017
Procedural Posture
Class 1 Appeal Against Refusal of Modification Application No. N0209/14/s96/3 / Orders Following Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions; each party to pay its own costs.
Legal Topics
['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'community Title Subdivision']
['planning and Environment Law'] ['development Application' 'modification Application' 'conciliation Conference' 'agreement Between the Parties' 'community Title Subdivision']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of Modification Application No. N0209/14/s96/3 / Orders Following Conciliation Conference

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 Modification Application No. N0209/14/S96/3 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 Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement without any merits assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; modification application approved subject to conditions; each party to pay its own costs.

Orders

  • ['The Appeal is upheld.' 'Modification Application No. N0209/14/S96/3, which seeks to modify development consent DA N0209/14/96/2 for a 22 lot community title subdivision at 2 Fern Creek Road, Warriewood, to delete condition C3(vi) and amend condition F1 which require the undergrounding of existing 33Kv transmission...