Cove Residential Pty Ltd v Wollondilly Shire Council [2017] NSWLEC 1646

Cove Residential Pty Ltd v Wollondilly Shire Council [2017] NSWLEC 1646

The Court approved the parties' agreement reached at the conciliation conference, being satisfied it was a decision the Court could have made, and disposed of proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
13 November 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; Applicant to pay Respondent's costs
Legal Topics
['development Application' 'conciliation Conference' 'subdivision Approval']
['planning and Environment'] ['development Application' 'conciliation Conference' 'subdivision Approval']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application should be approved' 'Whether costs should be paid due to amended plans']

Ratio Decidendi

The Court approved the parties' agreement reached at the conciliation conference, being satisfied it was a decision the Court could have made, and disposed of proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions; Applicant to pay Respondent's costs

Orders

  • ["Applicant granted leave to rely on amended plans as listed in Annexure 'A'." 'Appeal in respect of specified lots is upheld.' "Development Application DA 430/2016 for subdivision into 74 lots approved subject to conditions in Annexure 'B'." "Applicant to pay Respondent's costs thrown away due to amended plans...