Graeme Spackman v Lachlan Shire Council [2017] NSWLEC 1524

Graeme Spackman v Lachlan Shire Council [2017] NSWLEC 1524

The parties reached an agreement at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979. The Commissioner was satisfied the decision was one the Court could make, so was required to dispose of the proceedings accordingly and set out the terms of the decision, giving effect to the parties’ agreement.

Jurisdiction
Australia
Judgment Date
22 September 2017
Procedural Posture
Class 1 / Conciliation Conference and Orders
Outcome
Appeal upheld and development application granted subject to conditions by agreement between parties under s 34(3) Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreed Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreed Orders']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference and Orders

Legal Issues

  1. 1 ['Whether to uphold the appeal and grant consent to the development application as agreed in the conciliation conference']

Ratio Decidendi

The parties reached an agreement at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979. The Commissioner was satisfied the decision was one the Court could make, so was required to dispose of the proceedings accordingly and set out the terms of the decision, giving effect to the parties’ agreement.

Court Disposition

Appeal upheld and development application granted subject to conditions by agreement between parties under s 34(3) Land and Environment Court Act 1979.

Orders

  • ['The Applicant is granted leave to file the amended plan identified as Site Plan September 2017.' 'The Appeal is upheld.' "Consent is granted to development application 2016/0029 for a dwelling, detached shed and boundary fence on Lot 31 Deposited Plan 807084 Wells Street Curlew Waters subject to the conditions in...