Maas Group Properties No. 5 Pty Limited v Mid - Western Regional Council [2017] NSWLEC 1690

Maas Group Properties No. 5 Pty Limited v Mid - Western Regional Council [2017] NSWLEC 1690

The Court disposed of the appeal in accordance with the parties' agreement reached at the conciliation conference, satisfying statutory requirements and thereby granting the modification of development consent.

Jurisdiction
Australia
Judgment Date
01 December 2017
Procedural Posture
Modification Application Subdivision / Conciliation Conference Order
Outcome
Appeal upheld by agreement; modification of development consent granted in accordance with agreement between parties.
Legal Topics
['modification of Development Consent' 'conciliation Agreement' 'subdivision']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation Agreement' 'subdivision']

Case Brief

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Procedural Posture

Modification Application Subdivision / Conciliation Conference Order

Legal Issues

  1. 1 ['Whether the development consent for subdivision should be modified under agreement between parties pursuant to s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court disposed of the appeal in accordance with the parties' agreement reached at the conciliation conference, satisfying statutory requirements and thereby granting the modification of development consent.

Court Disposition

Appeal upheld by agreement; modification of development consent granted in accordance with agreement between parties.

Orders

  • ['The applicant is granted leave to amend its modification application in accordance with the plan attached to this Agreement at Annexure A.' 'The appeal is upheld.' 'Consent is granted to the modification of development consent DA0152/2015, in accordance with the plan attached at Annexure A and subject to the...