Eden Cattle Bay Marina Pty Ltd v Bega Valley Shire Council [2018] NSWLEC 1154

Eden Cattle Bay Marina Pty Ltd v Bega Valley Shire Council [2018] NSWLEC 1154

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; therefore the proceedings were disposed of in accordance with the agreed decision without a merits assessment of the original disputed issues.

Jurisdiction
Australia
Judgment Date
27 March 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; applicant granted leave to amend modification application DA2014.430; modification application DA2014.430 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'modification Application' 'conciliation Conference' 'consent Orders' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'modification Application' 'conciliation Conference' 'consent Orders' 'section 34 Agreement']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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; therefore the proceedings were disposed of in accordance with the agreed decision without a merits assessment of the original disputed issues.

Court Disposition

Appeal upheld; applicant granted leave to amend modification application DA2014.430; modification application DA2014.430 approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'The applicant is granted leave to amend modification application DA2014.430 such that the only amendment to the prior approval relating to sewerage and water disposal will be amendment to condition 80. The court notes the specific inclusion within condition 80, which now provides for...