Easemore Pty Ltd v Newcastle City Council [2019] NSWLEC 1345

Easemore Pty Ltd v Newcastle City Council [2019] NSWLEC 1345

Because the parties reached an agreement 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 the agreed decision was one the Court could make in the proper exercise of its functions with no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application DA 2017/01076 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; no order as to costs.
Legal Topics
['development Application' 'service Station and Restaurant' 'potentially Hazardous Industry' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'service Station and Restaurant' 'potentially Hazardous Industry' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application DA 2017/01076 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for demolition of buildings, erection and use of a service station with associated convenience store, restaurant, signage and tree removal at 86-90 Maitland Road, Mayfield.']

Ratio Decidendi

Because the parties reached an agreement 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 the agreed decision was one the Court could make in the proper exercise of its functions with no jurisdictional impediment, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions; no order as to costs.

Orders

  • ['The appeal is upheld.' "Development application DA/2017/01076 seeking consent for demolition of buildings, erection and use of service station with associated convenience store, erection and use of restaurant, installation of signage and tree removal on land described as 86-90 Maitland Road Mayfield NSW 2304 is...