Glen Wright v Ballina Shire Council [2018] NSWLEC 1035

Glen Wright v Ballina Shire Council [2018] NSWLEC 1035

As the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied it was a decision the Court could properly make, the Court was required to dispose of the proceedings by upholding the appeal and modifying the Council's order in accordance with the agreement.

Jurisdiction
Australia
Judgment Date
01 February 2018
Procedural Posture
Development Application Appeal / Conciliation Conference/agreement and Final Orders
Outcome
Appeal upheld; Order modified pursuant to agreement under s 34(3) Land and Environment Court Act 1979
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'appeal Under Class 2']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'appeal Under Class 2']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference/agreement and Final Orders

Legal Issues

  1. 1 ['Whether the parties could reach an agreement under section 34(3) of the Land and Environment Court Act 1979 disposing of the proceedings' "Whether the appeal should be upheld and the Council's order modified"]

Ratio Decidendi

As the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied it was a decision the Court could properly make, the Court was required to dispose of the proceedings by upholding the appeal and modifying the Council's order in accordance with the agreement.

Court Disposition

Appeal upheld; Order modified pursuant to agreement under s 34(3) Land and Environment Court Act 1979

Orders

  • ['The appeal is upheld.' "The Order issued by Council under section 124 of the Local Government Act 1993 dated 4 April 2017 in relation to the Premises at 344 South Ballina Beach Road South Ballina NSW (Lot 10 DP 544706) be modified in accordance with the terms set out in Annexure 'A'."]