Coles Group v Newcastle City Council [2016] NSWLEC 1543

Coles Group v Newcastle City Council [2016] NSWLEC 1543

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 agreement by upholding the appeal, granting development consent subject to conditions, and granting approval for road improvement works.

Jurisdiction
Australia
Judgment Date
18 November 2016
Procedural Posture
Appeal Under S97(2) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; approval granted for proposed road improvement works.
Legal Topics
['development Application' 'deemed Refusal' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'road Improvement Works']
['planning and Environment' 'local Government' 'roads'] ['development Application' 'deemed Refusal' 'development Consent' 'conciliation Conference' 'section 34 Agreement' 'road Improvement Works']

Case Brief

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Procedural Posture

Appeal Under S97(2) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal of a Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

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 consent should be granted for development application number Da 2015/10005 subject to agreed conditions.' 'Whether approval should be granted under Part 8 Division 2 of the Roads Act 1993 (NSW) for proposed road improvement works in Maitland Road, Mayfield.']

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 agreement by upholding the appeal, granting development consent subject to conditions, and granting approval for road improvement works.

Court Disposition

Appeal upheld; development consent granted subject to conditions; approval granted for proposed road improvement works.

Orders

  • ['The appeal is upheld.' 'Development Consent is granted to development application number Da 2015/10005, for demolition of dwellings and outbuildings, five lot subdivision, erection of two storey retail and associated site works, parking and signage at 61-83 Maitland Rd, Mayfield., subject to the conditions in...