Reid v Wingecarribee Shire Council [2019] NSWLEC 1036

Reid v Wingecarribee Shire Council [2019] NSWLEC 1036

Because the parties agreed under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and grant development consent subject to conditions, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including because the development was permissible under the Wingecarribee Local Environmental Plan 2010 and relevant concurrence, BASIX, koala habitat, bushfire and notification matters had been addressed, the Court was required to dispose of the proceedings in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
05 February 2019
Procedural Posture
Class 1 Development Appeal Against Actual Refusal of Development Application Da/17/0756 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['seniors Housing Development Application' 'conciliation Conference' 'development Appeal' 'agreement Between the Parties' 'conditions of Consent']
['planning and Environment Law' 'development Consent'] ['seniors Housing Development Application' 'conciliation Conference' 'development Appeal' 'agreement Between the Parties' 'conditions of Consent']

Case Brief

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Procedural Posture

Class 1 Development Appeal Against Actual Refusal of Development Application Da/17/0756 / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' s 34(3) agreement to uphold the appeal and grant development consent subject to conditions." 'Whether the proposed development was lawful and permissible under the applicable planning instruments and statutory requirements.']

Ratio Decidendi

Because the parties agreed under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and grant development consent subject to conditions, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions, including because the development was permissible under the Wingecarribee Local Environmental Plan 2010 and relevant concurrence, BASIX, koala habitat, bushfire and notification matters had been addressed, the Court was required to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the development application by substituting the listed plans and documentation as the plans and documentation relied upon for the purpose of the development application.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW), the applicant...