Corbett Constructions Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1558

Corbett Constructions Pty Ltd v Wollondilly Shire Council [2018] NSWLEC 1558

An agreement reached between the parties at conciliation under s 34(3) of the Land and Environment Court Act 1979 required the Court to make the orders in accordance with that agreement once satisfied that the Court could make such an order in the proper exercise of its functions.

Parties
Applicant: Corbett Constructions Pty Ltd; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Appeal of Development Application Refusal / Conclusion After Conciliation Conference
Outcome
Appeal upheld; development consent granted on agreed terms
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning Law Administrative Law Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Corbett Constructions Pty Ltd

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Appeal of Development Application Refusal / Conclusion After Conciliation Conference

Legal Issues

  1. 1 Whether leave should be granted to amend the development application
  2. 2 The terms on which development consent should be granted following agreement between parties

Ratio Decidendi

An agreement reached between the parties at conciliation under s 34(3) of the Land and Environment Court Act 1979 required the Court to make the orders in accordance with that agreement once satisfied that the Court could make such an order in the proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted on agreed terms

Orders

  • Applicant granted leave to amend development application as specified
  • Applicant to pay respondent's costs thrown away as a result of amendment, as agreed or assessed