Burmeister v Northern Beaches Council [2018] NSWLEC 1102

Burmeister v Northern Beaches Council [2018] NSWLEC 1102

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by making orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
02 March 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application 37/2017 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Development' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development application 37/2017 should be approved subject to agreed conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by making orders giving effect to that agreement.

Court Disposition

Appeal upheld; development application 37/2017 approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely on an amended development application incorporating architectural plans prepared by Cadence & Co, dated 1 March 2018, issue LC2 and Drawing No.s A02 to A13, and BASIX Certificate No. A258757_03.' 'The appeal is upheld.' 'Development application 37/2017 for alterations and...