Byron Highlander Estate Pty Ltd v Kyogle Council [2017] NSWLEC 1282

Byron Highlander Estate Pty Ltd v Kyogle Council [2017] NSWLEC 1282

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 proceedings were disposed of in accordance with that agreement by upholding the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
05 June 2017
Procedural Posture
Class 1 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; respondent's order revoked; no order as to costs.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'revocation of Order to Cease Using Premises for Intensive Livestock Agriculture']
['environmental Planning and Assessment' 'land and Environment'] ['conciliation Conference' 'agreement Between the Parties' 'revocation of Order to Cease Using Premises for Intensive Livestock Agriculture']

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Procedural Posture

Class 1 / Conciliation Conference; 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 agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the order dated 15 July 2016 requiring cessation of use of the premises for intensive livestock agriculture should be revoked.']

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and revoking the respondent's order.

Court Disposition

Appeal upheld; respondent's order revoked; no order as to costs.

Orders

  • ['The appeal is upheld.' 'The order dated 15 July 2016 given by the respondent to the applicants to cease using the premises described as Lot 12 DP 1065804 known as 126 Studders Lane, Cedar Point for the purpose of intensive livestock agriculture is revoked.' 'No order as to costs.']