Carmont & ors v Ballina Shire Council [2016] NSWLEC 1278

Carmont & ors v Ballina Shire Council [2016] NSWLEC 1278

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 decision by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
05 July 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application 2015/138 approved subject to the conditions in Annexure A.
Legal Topics
['development Application' 'coastal Protection Works' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['environmental and Planning Law'] ['development Application' 'coastal Protection Works' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

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Procedural Posture

Class 1 Development Application Appeal / 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 2015/138 for coastal protection works, removal of vegetation and filling of land should be approved subject to conditions.']

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 decision by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application 2015/138 approved subject to the conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application 2015/138 for coastal protection works (dry rock retaining wall), removal of vegetation and filling of land is approved subject to the conditions in Annexure "A".']