Alora Davies Developments 104 Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1379

Alora Davies Developments 104 Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1379

On the basis of an agreement reached between the parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner's satisfaction as to the appropriateness of the agreement, the Court upheld the appeal and granted development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
02 August 2018
Procedural Posture
Appeal of Development Application Decision / Disposition Following Conciliation Conference Under S 34(3) of Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['conciliation Conference' 'development Application' 'agreement Between the Parties' 'section 34 Land and Environment Court Act']
['planning and Environment'] ['conciliation Conference' 'development Application' 'agreement Between the Parties' 'section 34 Land and Environment Court Act']

Case Brief

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Procedural Posture

Appeal of Development Application Decision / Disposition Following Conciliation Conference Under S 34(3) of Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and appropriate for the Court to make orders as decided by the parties']

Ratio Decidendi

On the basis of an agreement reached between the parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner's satisfaction as to the appropriateness of the agreement, the Court upheld the appeal and granted development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' "Development consent is granted to DA No. DA10.2017.673.1 for a sixty-three (63) lot subdivision including new public road construction, demolition of existing structures and associated works at Lot 4 DP 263172 and Lot 5 DP 263172, 42 and 60 Greenacre Drive, Tahmoor, approved subject to...