Andorra Developments Pty Ltd v Dubbo City Council [2018] NSWLEC 1421

Andorra Developments Pty Ltd v Dubbo City Council [2018] NSWLEC 1421

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties as to the terms of a decision; the Court, being satisfied that the decision could properly be made, is required to dispose of the proceedings accordingly and set out the decision in writing.

Parties
Applicant: Andorra Developments Pty Ltd; 1st Respondent: Dubbo City Council; 2nd Respondent: Heritage Council of New South Wales
Jurisdiction
Australia
Judgment Date
06 August 2018
Procedural Posture
Development Application/appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld. Development consent granted. Applicant to pay First Respondent's costs thrown away due to the amendments.
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Law Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Andorra Developments Pty Ltd

Applicant

Dubbo City Council

1st Respondent

Heritage Council of New South Wales

2nd Respondent

Procedural Posture

Development Application/appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 Whether amended development plans should be permitted
  2. 2 Whether consent should be granted to the amended Development Application
  3. 3 Entitlement to costs thrown away by respondent due to amendments

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties as to the terms of a decision; the Court, being satisfied that the decision could properly be made, is required to dispose of the proceedings accordingly and set out the decision in writing.

Court Disposition

Appeal upheld. Development consent granted. Applicant to pay First Respondent's costs thrown away due to the amendments.

Orders

  • The Applicant is granted leave to amend Development Application No. 10.2017.199.1 and to rely upon the specified amended plans and documents.
  • The appeal is upheld.