Creel v Hawkesbury City Council [2018] NSWLEC 1167

Creel v Hawkesbury City Council [2018] NSWLEC 1167

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 agreement and make orders giving effect to it.

Jurisdiction
Australia
Judgment Date
04 April 2018
Procedural Posture
Class 1 Development Application Appeal / 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.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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 the Court could have made in the proper exercise of its functions.']

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 agreement and make orders giving effect to it.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["Leave is granted to the Applicant to rely on the amended plans set out in 'Annexure A'." 'The appeal is upheld.' "Development consent is granted to Development Application No. 0020/17 for a truck depot on Lot 72 in DP 215631, known as 607 Settlers Road, Lower Macdonald, subject to the conditions of consent in...