Trend Living Pty Ltd v Northern Beaches Council [2018] NSWLEC 1215

Trend Living Pty Ltd v Northern Beaches Council [2018] NSWLEC 1215

The parties reached agreement on terms of a decision acceptable to both, and the Commissioner, being satisfied the Court could make such a decision, made orders granting consent to the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Class 1 Appeal / Conciliation Conference With Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs as agreed or assessed
Legal Topics
['development Application' 'conciliation Conference' 'deemed Refusal' 'agreement Between Parties']
['planning and Environment'] ['development Application' 'conciliation Conference' 'deemed Refusal' 'agreement Between Parties']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference With Final Orders

Legal Issues

  1. 1 ['Whether the deemed refusal of the development application should be upheld' 'Whether consent should be granted for the proposed development']

Ratio Decidendi

The parties reached agreement on terms of a decision acceptable to both, and the Commissioner, being satisfied the Court could make such a decision, made orders granting consent to the amended development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs as agreed or assessed

Orders

  • ['Applicant granted leave to amend development application in accordance with specified plans' 'Appeal is upheld' "Development Application No. DA2017/0256 for excavation works and construction of a mixed use building approved subject to Annexure 'A' conditions" "Applicant to pay Respondent's costs arising under...