AESK Investments Pty Ltd v Wollondilly Shire Council [2017] NSWLEC 1754

AESK Investments Pty Ltd v Wollondilly Shire Council [2017] NSWLEC 1754

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could have made the decision, orders were made to dispose of the proceedings in accordance with the agreement.

Parties
Applicant: AESK Investments Pty Ltd; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
21 December 2017
Procedural Posture
Appeal Class 1 Development Application / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted on agreed terms under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement
Planning Law Environmental Law Development Application Conciliation Conference Section 34 Agreement

Case Brief

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Parties

AESK Investments Pty Ltd

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Appeal Class 1 Development Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 could be reached and orders made accordingly

Ratio Decidendi

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the Court could have made the decision, orders were made to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; consent granted on agreed terms under s 34(3) of the Land and Environment Court Act 1979

Orders

  • The appeal is upheld
  • Development consent is granted to DA No. 10.2017.259.1 for demolition of structures and the subdivision of 2 lots into 30 lots at 78-80 River Road, Tahmoor, subject to conditions in Annexure 'A' inclusive of general terms of approval from Subsidence Advisory NSW at Annexure 'B'