Heinrich Ruiz de Roxas v Bega Valley Shire Council [2017] NSWLEC 1633

Heinrich Ruiz de Roxas v Bega Valley Shire Council [2017] NSWLEC 1633

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached, and the Commissioner being satisfied that the agreement is one the Court could properly make, the court is required to dispose of the proceedings in accordance with the agreed terms without a merits assessment.

Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to amended conditions and further conditions in Annexure 'A'.
Legal Topics
['development Application' 'conciliation Conference' 'section 96 Modification' 'agreement Between the Parties' 'conditions of Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 96 Modification' 'agreement Between the Parties' 'conditions of Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the court and capable of disposal of the proceedings" 'Whether modification to conditions 11 and 66 should be approved']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached, and the Commissioner being satisfied that the agreement is one the Court could properly make, the court is required to dispose of the proceedings in accordance with the agreed terms without a merits assessment.

Court Disposition

Appeal upheld; modification application approved subject to amended conditions and further conditions in Annexure 'A'.

Orders

  • ['The appeal is upheld.' "The section 96 modification application 2014.430 lodged on 15 May 2016 seeking to modify conditions 11 and 66 is approved subject to the conditions in Annexure 'A'." 'Condition 11 is amended to require contributions pursuant to Section 94A of the Environmental Planning and Assessment Act...