White Dickson Architects Pty Ltd v Central Coast Council [2017] NSWLEC 1732

White Dickson Architects Pty Ltd v Central Coast Council [2017] NSWLEC 1732

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 by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
18 December 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application 51840 / 2017 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to rely on amended plans; development consent granted subject to conditions.
Legal Topics
['development Application' 'mixed Use Development' 'conciliation Conference' 'agreement Between the Parties' 'shop Top Housing']
['planning and Environment Law'] ['development Application' 'mixed Use Development' 'conciliation Conference' 'agreement Between the Parties' 'shop Top Housing']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application 51840 / 2017 / Orders Following Conciliation Conference and Agreement 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 consent should be granted to development application 51840 / 2017 subject to agreed conditions.']

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 by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; leave granted to rely on amended plans; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Leave is granted to the applicant to rely on the amended plans referred to in condition 1 of annexure "A".' 'Consent is granted to development application 51840 / 2017, for a mixed use development comprising a shop fronting Cape Three Points Road and 22 shop top housing units, comprising 8...