VIGOR MASTER PTY LTD v Northern Beaches Council [2017] NSWLEC 1294

VIGOR MASTER PTY LTD v Northern Beaches Council [2017] NSWLEC 1294

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.

Jurisdiction
Australia
Judgment Date
08 June 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and the development application is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']
['environmental Planning and Assessment'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court."]

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.

Court Disposition

The appeal is upheld and the development application is approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application by substituting the listed plans and documents as the plans and documents relied upon for the purposes of the development application.' 'The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to...