Hylton Arnold John v Mid-Western Regional Council [2018] NSWLEC 1021

Hylton Arnold John v Mid-Western Regional Council [2018] NSWLEC 1021

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and granting consent to the modification application subject to the conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
19 January 2018
Procedural Posture
Class 1 Development Appeal / Orders Following Conciliation Conference on 19 January 2018
Outcome
The appeal is upheld and consent is granted to modification application MA0030/2017 subject to the conditions attached at Annexure A.
Legal Topics
['development Consent Modification' 'road Upgrade Conditions' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders']
['environmental Planning and Assessment' 'land and Environment Court Procedure'] ['development Consent Modification' 'road Upgrade Conditions' 'conciliation Conference' 'agreement Between the Parties' 's 34(3) Orders']

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Procedural Posture

Class 1 Development Appeal / Orders Following Conciliation Conference on 19 January 2018

Legal Issues

  1. 1 ["Whether the Court should give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 to modify conditions of the development consent relating to works in White Rock Road, Pinnacle Swamp."]

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and granting consent to the modification application subject to the conditions in Annexure A.

Court Disposition

The appeal is upheld and consent is granted to modification application MA0030/2017 subject to the conditions attached at Annexure A.

Orders

  • ['The appeal is upheld.' 'Consent is granted to modification application MA0030/2017, subject to the conditions attached at Annexure A, which are marked up to show the changes made by the modification application to the conditions of the development consent granted by the Court in proceedings 11269 of 2007.']