Ardill Payne and Partners v Ballina Shire Council [2017] NSWLEC 1418

Ardill Payne and Partners v Ballina Shire Council [2017] NSWLEC 1418

The Commissioner upheld the appeal and ordered granting of development consent in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, without any merit assessment of the original issues.

Parties
Applicant: Ardill Payne and Partners; Respondent: Ballina Shire Council
Jurisdiction
Australia
Judgment Date
01 August 2017
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld
Legal Topics
Development Application, Conditions of Approval, Subdivision, Conciliation Conference
Planning and Environment Development Application Conditions of Approval Subdivision Conciliation Conference

Case Brief

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Parties

Ardill Payne and Partners

Applicant

Ballina Shire Council

Respondent

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Appeal against conditions imposed on the approval of a 36 lot residential subdivision

Ratio Decidendi

The Commissioner upheld the appeal and ordered granting of development consent in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, without any merit assessment of the original issues.

Court Disposition

Appeal upheld

Orders

  • The appeal be upheld.
  • Development Consent is granted to a 36 lot residential subdivision, construction of road and associated works, at Lot 71 DP628164 subject to the conditions in Annexure A.