Byron Highlander Estate Pty Ltd v Kyogle Council [2017] NSWLEC 1285

Byron Highlander Estate Pty Ltd v Kyogle Council [2017] NSWLEC 1285

The Court, satisfied that the parties' agreement was one that could be made in the proper exercise of its functions pursuant to s 34(3) of the Land and Environment Court Act 1979, ordered disposal of the proceedings by upholding the appeal and granting consent subject to conditions.

Jurisdiction
Australia
Judgment Date
05 June 2017
Procedural Posture
Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'appeal Against Refusal of Development Application']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'appeal Against Refusal of Development Application']

Case Brief

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Procedural Posture

Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the appeal against refusal of development application should be upheld following agreement between the parties']

Ratio Decidendi

The Court, satisfied that the parties' agreement was one that could be made in the proper exercise of its functions pursuant to s 34(3) of the Land and Environment Court Act 1979, ordered disposal of the proceedings by upholding the appeal and granting consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • ['The appeal is upheld.' "Development application 2016/59 for use of part Lot 12 in DP 1065804 as a free range piggery is granted consent subject to conditions in Annexure 'A'."]