Pacific Rim Accommodation Group Pty Ltd v Mid-Coast Council [2018] NSWLEC 1578

Pacific Rim Accommodation Group Pty Ltd v Mid-Coast Council [2018] NSWLEC 1578

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, with no identified jurisdictional impediment, the proceedings were disposed of by making orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
06 November 2018
Procedural Posture
Class 1 Appeal Under S 8.18 of the Environmental Planning and Assessment Act 1979 Concerning a Revised Development Control Order / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; the Development Control Order dated 26 April 2018 is to be revoked upon surrender of Development Consent No. DA 198/2012, with restrictions on specified physical activity prior to surrender.
Legal Topics
['development Control Order' 'conciliation Conference' 'agreement Between the Parties' 'surrender of Development Consent' 'earthworks, Excavation, Road Construction and Tree Removal']
['planning and Environment Law' 'development Control'] ['development Control Order' 'conciliation Conference' 'agreement Between the Parties' 'surrender of Development Consent' 'earthworks, Excavation, Road Construction and Tree Removal']

Case Brief

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Procedural Posture

Class 1 Appeal Under S 8.18 of the Environmental Planning and Assessment Act 1979 Concerning a Revised Development Control Order / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

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

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, with no identified jurisdictional impediment, the proceedings were disposed of by making orders giving effect to that agreement.

Court Disposition

Appeal upheld; the Development Control Order dated 26 April 2018 is to be revoked upon surrender of Development Consent No. DA 198/2012, with restrictions on specified physical activity prior to surrender.

Orders

  • ['The appeal is upheld.' 'The Development Control Order dated 26 April 2018 issued by the Respondent is revoked upon the surrender of Development Consent No. DA 198/2012 in the form required by clause 97 of the Environmental Planning & Assessment Regulation 2000.' 'Prior to the surrender of Development Consent No....