VIGOR MASTER PTY LTD v Northern Beaches Council [2016] NSWLEC 1407

VIGOR MASTER PTY LTD v Northern Beaches Council [2016] NSWLEC 1407

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 by granting leave to amend the development application, upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties; Final Orders
Outcome
The appeal was upheld and development consent was granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties; Final Orders

Legal Issues

  1. 1 ['Whether the parties had 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 proceedings were disposed of in accordance with that agreement by granting leave to amend the development application, upholding the appeal and granting development consent subject to conditions.

Court Disposition

The appeal was upheld and development consent was granted subject to conditions.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the listed architectural and landscape plans as the plans relied upon for the purposes of the development application.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. 2016/0095 for the...