Vantage 229 Pty Limited v North Sydney Council [2017] NSWLEC 1316

Vantage 229 Pty Limited v North Sydney Council [2017] NSWLEC 1316

Since the parties reached an agreement at a conciliation conference and the Commissioner was satisfied that the decision was one the Court could properly make, the proceedings were disposed of in accordance with the terms agreed.

Jurisdiction
Australia
Judgment Date
21 June 2017
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification approved by consent
Legal Topics
['modification of Development Consent' 'conciliation and Agreement Under S 34 Land and Environment Court Act']
['planning and Environment'] ['modification of Development Consent' 'conciliation and Agreement Under S 34 Land and Environment Court Act']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification application to increase apartments, change the apartment mix, and increase car spaces within the approved building envelope should be approved']

Ratio Decidendi

Since the parties reached an agreement at a conciliation conference and the Commissioner was satisfied that the decision was one the Court could properly make, the proceedings were disposed of in accordance with the terms agreed.

Court Disposition

Appeal upheld; modification approved by consent

Orders

  • ['The applicant is granted leave to rely on specified amended plans prepared by PA Studio, Revision B dated 22 May 2017.' 'The appeal is upheld.' "Modification Application No 487/15/2 for modification of Deferred Commencement Consent No. DA487/15 to increase number of apartments and change in mix within the approved...