Alex Glassington v Byron Shire Council [2017] NSWLEC 1465

Alex Glassington v Byron Shire Council [2017] NSWLEC 1465

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 the agreed final orders.

Jurisdiction
Australia
Judgment Date
28 August 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; development consent granted to Development Application No. 10.2016.423.1 subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Thrown Away by Amended Development Application']
['planning and Environment Law' 'development Consent'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Thrown Away by Amended Development Application']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

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 the agreed final orders.

Court Disposition

Appeal upheld; development consent granted to Development Application No. 10.2016.423.1 subject to conditions.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the plans and documentation listed in the judgment as the plans and documentation relied upon for the purpose of the development application.' 'The Applicant is to pay the costs of the Respondent thrown away as a result of amending...