Albury Demolitions Pty Ltd v Albury City Council [2016] NSWLEC 1414

Albury Demolitions Pty Ltd v Albury City Council [2016] NSWLEC 1414

Since the parties reached an agreement at the conciliation conference and the Commissioner was satisfied it was a decision the Court could have made properly, the Court was required to dispose of proceedings in accordance with the agreement and set out the terms of the decision in writing.

Parties
Applicant: Albury Demolitions Pty Ltd; Respondent: Albury City Council
Jurisdiction
Australia
Judgment Date
12 September 2016
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; parties to bear own costs.
Legal Topics
Development Application, Conciliation Conference, Settlement Agreement
Planning and Environment Law Development Application Conciliation Conference Settlement Agreement

Case Brief

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Parties

Albury Demolitions Pty Ltd

Applicant

Albury City Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the agreed decision after conciliation is acceptable and one that the Court could properly make under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Since the parties reached an agreement at the conciliation conference and the Commissioner was satisfied it was a decision the Court could have made properly, the Court was required to dispose of proceedings in accordance with the agreement and set out the terms of the decision in writing.

Court Disposition

Appeal upheld; development application approved subject to conditions; parties to bear own costs.

Orders

  • The appeal is upheld.
  • Development Application No. 10.2014.33099.1 for Stage 1 of the Staged Development for processing and storage of reclaimed/recycled building materials and an associated site office at Lot 824 DP 815599, 73 Catherine Crescent, Lavington, NSW, is approved subject to the conditions contained in Annexure 'A'.