Vigor Master Pty Ltd v Northern Beaches Council [2017] NSWLEC 1729

Vigor Master Pty Ltd v Northern Beaches Council [2017] NSWLEC 1729

The Court, satisfied that the agreement reached between the parties at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979 was one it could have made in the proper exercise of its functions, made orders giving effect to that agreement, including leave for the applicant to amend the modification application, an order for costs, and approval of the modification subject to conditions.

Parties
Applicant: Vigor Master Pty Ltd; Respondent: Northern Beaches Council
Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Development Application (class 1) / Orders Following Agreement at Conciliation Conference
Outcome
Appeal upheld and modification approved by consent, with costs order.
Legal Topics
Development Application, Modification Application, Conciliation Conference, Costs
Planning and Environment Law Development Application Modification Application Conciliation Conference Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Vigor Master Pty Ltd

Applicant

Northern Beaches Council

Respondent

Procedural Posture

Development Application (class 1) / Orders Following Agreement at Conciliation Conference

Legal Issues

  1. 1 Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect
  2. 2 Whether leave should be granted to amend the modification application
  3. 3 Liability for costs as a result of amending the modification application

Ratio Decidendi

The Court, satisfied that the agreement reached between the parties at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979 was one it could have made in the proper exercise of its functions, made orders giving effect to that agreement, including leave for the applicant to amend the modification application, an order for costs, and approval of the modification subject to conditions.

Court Disposition

Appeal upheld and modification approved by consent, with costs order.

Orders

  • The applicant is granted leave to amend the modification application by substituting specified plans and documentation.
  • Pursuant to s97B of the Environmental Planning and Assessment Act 1979 the applicant is to pay the respondent's costs thrown away as a result of amending the modification application, as agreed or assessed.