Gill v Wollondilly Shire Council [2021] NSWLEC 1060

Gill v Wollondilly Shire Council [2021] NSWLEC 1060

The Court, being satisfied that the parties’ agreement constitutes a decision it could have made in exercise of its functions, upheld the appeal and substituted the Development Control Order as agreed.

Jurisdiction
Australia
Judgment Date
10 February 2021
Procedural Posture
Appeal / Final Judgment
Outcome
Appeal upheld
Legal Topics
['development Control Order' 'conciliation' 'agreement' 'substituted Order']
['planning and Environment'] ['development Control Order' 'conciliation' 'agreement' 'substituted Order']

Case Brief

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Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 ['Whether the Development Control Order dated 10 October 2019 should be substituted' "Whether the parties' agreement to substitute the order is one the Court could have made"]

Ratio Decidendi

The Court, being satisfied that the parties’ agreement constitutes a decision it could have made in exercise of its functions, upheld the appeal and substituted the Development Control Order as agreed.

Court Disposition

Appeal upheld

Orders

  • ['The appeal is upheld.' 'The Court orders that Development Control Order dated 10 October 2019 be substituted with Order 11 of Part 1 of the Table to Schedule 5 of the Environmental Planning and Assessment Act 1979 pursuant to ss 9.34 and 9.35 of the Environmental Planning and Assessment Act 1979 in respect of the...