Haines v Wollondilly Shire Council [2021] NSWLEC 1770

Haines v Wollondilly Shire Council [2021] NSWLEC 1770

Because the parties reached an agreement at the s 34 conciliation conference and the Commissioner was satisfied that modifying the development control order was a decision the Court could make under s 34(3) of the Land and Environment Court Act 1979 consistently with ss 8.18(4)(b) and 8.18(4)(f) of the Environmental Planning and Assessment Act 1979, the Court was required to dispose of the proceedings in accordance with that agreed decision.

Jurisdiction
Australia
Judgment Date
15 December 2021
Procedural Posture
Class 1 Appeal Against a Development Control Order / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Orders
Outcome
Appeal upheld; development control order modified in accordance with Annexure A.
Legal Topics
['development Control Order' 'appeal' 'conciliation Conference' 'modification of Order' 'building Information Certificate' 'development Application']
['environmental Planning and Assessment' 'land and Environment'] ['development Control Order' 'appeal' 'conciliation Conference' 'modification of Order' 'building Information Certificate' 'development Application']

Case Brief

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Procedural Posture

Class 1 Appeal Against a Development Control Order / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreed Orders

Legal Issues

  1. 1 ["Whether the Court should give effect to the parties' agreement to modify the development control order." 'Whether the agreed modification was a decision the Court could make in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979 and s 8.18(4) of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the parties reached an agreement at the s 34 conciliation conference and the Commissioner was satisfied that modifying the development control order was a decision the Court could make under s 34(3) of the Land and Environment Court Act 1979 consistently with ss 8.18(4)(b) and 8.18(4)(f) of the Environmental Planning and Assessment Act 1979, the Court was required to dispose of the proceedings in accordance with that agreed decision.

Court Disposition

Appeal upheld; development control order modified in accordance with Annexure A.

Orders

  • ['The appeal is upheld.' "Pursuant to section 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the development control order issued by the Respondent to the Applicant dated 2 July 2021 is modified in accordance with the development control order at Annexure 'A'."]