Vigor Master Pty Ltd v Northern Beaches Council [2016] NSWLEC 1312

Vigor Master Pty Ltd v Northern Beaches Council [2016] NSWLEC 1312

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 Court was required to dispose of the proceedings in accordance with that agreement and make orders giving effect to it.

Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. Da2014/1180 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application' 'construction of a Boarding House' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'construction of a Boarding House' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. Da2014/1180 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether orders should be made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that 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 Court was required to dispose of the proceedings in accordance with that agreement and make orders giving effect to it.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the plans set out in operational condition 1 in Annexure "A".' "The Applicant is to pay the Respondent's costs thrown away as a result of amending the development application pursuant to s.97B as may be agreed or assessed." 'The appeal is upheld.' 'Development Consent is...