Alora Davies Developments 103 Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1214

Alora Davies Developments 103 Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1214

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 disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
04 May 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of a Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions of consent set out in Annexure A.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'agreement Between Parties' 'subdivision Consent']
['planning and Development' 'land and Environment'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'agreement Between Parties' 'subdivision Consent']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of a Development Application / Final 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 Development Application No. 010.2017.00000434.001 should be approved subject to conditions of consent.']

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 disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions of consent set out in Annexure A.

Orders

  • ['The applicant is granted leave to amend the development application by relying on the listed plans.' 'The appeal is upheld.' 'Development Application No. 010.2017.00000434.001 for subdivision and creation of thirty-two residential lots, construction of new roads, demolition of existing dwelling and structures,...