Roberts & Anor v Palerang Council [2016] NSWLEC 1225

Roberts & Anor v Palerang Council [2016] NSWLEC 1225

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 Court was required to dispose of the proceedings in accordance with that agreement and make orders giving effect to it.

Jurisdiction
Australia
Judgment Date
02 June 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and consent is granted to modify Development Consent 2014.181 subject to the modifications and consolidated modified conditions in the annexures.
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']
['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

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 Court was required to dispose of the proceedings in accordance with that agreement and make orders giving effect to it.

Court Disposition

The appeal is upheld and consent is granted to modify Development Consent 2014.181 subject to the modifications and consolidated modified conditions in the annexures.

Orders

  • ['The appeal is upheld.' 'Application No 2015.026, to modify development consent No 2014.181 for a three lot subdivision, is determined by granting consent subject to the modifications described in annexure A.' 'As a consequence of Order 2. Development Consent 2014.181 is now subject to the consolidated, modified...