Vigor Master Pty Ltd v Northern Beaches Council [2017] NSWLEC 1615

Vigor Master Pty Ltd v Northern Beaches Council [2017] NSWLEC 1615

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; accordingly, the proceedings were disposed of in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
01 November 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Modification Application No. 2016/246 is approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'development Consent Modification' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Condition']
['planning and Environment Law'] ['development Application' 'development Consent Modification' 'conciliation Conference' 'agreement Between the Parties' 'deferred Commencement Condition']

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Procedural Posture

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

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 that the Court could have made in the proper exercise of its functions.' "Whether orders should be made to give effect to the parties' agreement without a merit assessment of the issues originally in dispute."]

Ratio Decidendi

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; accordingly, the proceedings were disposed of in accordance with the agreed decision.

Court Disposition

The appeal is upheld and Modification Application No. 2016/246 is approved subject to conditions in Annexure A.

Orders

  • ['Deferred Commencement Condition 1 in Development Consent No. DA 2013/1203 is deleted.' 'The appeal is upheld.' 'Modification Application No. 2016/246 to modify Development Consent No. DA 2013/1203 for an approved boarding house located at 74 Willandra Road, Narraweena NSW, legally identified as Lot 810, DP 752038...