Bowtell v Port Stephens Council [2018] NSWLEC 1392

Bowtell v Port Stephens Council [2018] NSWLEC 1392

The parties reached an agreement at or after the conciliation conference 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 therefore disposed of by orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
30 July 2018
Procedural Posture
Class 1 Modification Application to Modify a Court Granted Development Consent / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Application granted; development consent modified by agreed orders.
Legal Topics
['modification of Development Consent' 'rural Industry Including Organic Composting' 'deferred Commencement Conditions' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['environmental and Planning Law' 'land and Environment Court Procedure'] ['modification of Development Consent' 'rural Industry Including Organic Composting' 'deferred Commencement Conditions' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Modification Application to Modify a Court Granted Development Consent / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the modification application should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Consent No. 16-2012-630-1 should be modified by deleting deferred commencement conditions 4 and 6 and inserting a new condition 4A.']

Ratio Decidendi

The parties reached an agreement at or after the conciliation conference 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 therefore disposed of by orders giving effect to that agreement.

Court Disposition

Application granted; development consent modified by agreed orders.

Orders

  • ['The application is granted.' 'Development Consent No. 16-2012-630-1 for a Rural Industry (including Organic Composting) at Lot 2, DP1108702, 13 Barleigh Ranch Way, Eagleton, is modified by deleting deferred commencement conditions 4 and 6 from Part A and inserting a new condition 4A after existing condition 4 in...