Gordon Highlands Pty Ltd v Byron Shire Council [2018] NSWLEC 1546

Gordon Highlands Pty Ltd v Byron Shire Council [2018] NSWLEC 1546

Because 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, the Court was required to dispose of the proceedings in accordance with that decision, resulting in the appeal being upheld and Development Application DA 2017/198 being approved subject to conditions.

Jurisdiction
Australia
Judgment Date
12 October 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; Development Application DA 2017/198 approved subject to conditions at annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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 Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA 2017/198 should be approved subject to conditions.']

Ratio Decidendi

Because 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, the Court was required to dispose of the proceedings in accordance with that decision, resulting in the appeal being upheld and Development Application DA 2017/198 being approved subject to conditions.

Court Disposition

Appeal upheld; Development Application DA 2017/198 approved subject to conditions at annexure A.

Orders

  • ['Appeal upheld.' 'Development Application DA 2017/198 for two storey mixed use development comprising three ground level commercial tenancies five shop top residential dwellings and car parking for twelve vehicles on land at 9 Station Street, Bangalow 2479 is approved subject to the conditions at annexure "A".']