Conroy v Yass Valley Council [2020] NSWLEC 1221

Conroy v Yass Valley Council [2020] NSWLEC 1221

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 amendment to condition 14 was within the Court's power, was of minimal environmental impact, maintained avoidance of potential conflict between the school bus stop and heavy vehicles, left the development substantially the same, and followed notification and consideration of submissions, the Court disposed of the proceedings in accordance with the agreed decision by upholding the appeal and amending condition 14.

Jurisdiction
Australia
Judgment Date
15 May 2020
Procedural Posture
Class 1 Appeal Concerning a Modification Application to a Development Consent / Final Orders Following a Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent amended by replacing condition 14.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'heavy Vehicle Movement Restrictions' 'school Bus Stop Safety']
['planning and Environment Law' 'land and Environment Court Procedure'] ['modification of Development Consent' 'conciliation Conference' 'heavy Vehicle Movement Restrictions' 'school Bus Stop Safety']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Concerning a Modification Application to a Development Consent / Final Orders Following a Conciliation Conference and Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the modification application should be granted to amend condition 14 of the development consent restricting heavy vehicle movements on Carrington Road during school bus pick-up and drop-off times.' 'Whether the agreed decision was one the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the modification satisfied s 4.55(1A) of the Environmental Planning and Assessment Act 1979.']

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 amendment to condition 14 was within the Court's power, was of minimal environmental impact, maintained avoidance of potential conflict between the school bus stop and heavy vehicles, left the development substantially the same, and followed notification and consideration of submissions, the Court disposed of the proceedings in accordance with the agreed decision by upholding the appeal and amending condition 14.

Court Disposition

Appeal upheld; development consent amended by replacing condition 14.

Orders

  • ['The appeal is upheld.' 'Development Consent DA155133E (formerly described as Development Consent No. 5.2015.133.1) granted by the Respondent on 3 November 2015 for the establishment of a truck depot, truck parking area, and storage shed in relation to lot 1 DP 550872, known as 46 Carrington Road Wallaroo NSW, is...