Chris Heyer Promotions Pty Ltd v Tweed Shire Council [2017] NSWLEC 1583

Chris Heyer Promotions Pty Ltd v Tweed Shire Council [2017] NSWLEC 1583

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the parties' agreement is one that could have been made in the exercise of its functions, must dispose of the proceedings in accordance with the agreement without making a merit assessment of the underlying issues.

Jurisdiction
Australia
Judgment Date
16 October 2017
Procedural Posture
Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld; development application approved per agreed conditions; costs ordered.
Legal Topics
['development Application' 'appeal Against Refusal' 'conciliation Conference' 'agreement Between Parties' 'court Orders']
['planning and Environment Law'] ['development Application' 'appeal Against Refusal' 'conciliation Conference' 'agreement Between Parties' 'court Orders']

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Procedural Posture

Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether the appeal against the refusal of the development application should be upheld under an agreement reached at conciliation' 'Whether the Court should make orders reflecting the agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that the parties' agreement is one that could have been made in the exercise of its functions, must dispose of the proceedings in accordance with the agreement without making a merit assessment of the underlying issues.

Court Disposition

Appeal upheld; development application approved per agreed conditions; costs ordered.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent contained in Annexure "A" and included at Annexure "B".' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendments in the agreed amount of $5000 within 28 days of...