Morisset Project Pty Limited v Lake Macquarie City Council [2018] NSWLEC 1487

Morisset Project Pty Limited v Lake Macquarie City Council [2018] NSWLEC 1487

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 disposed of the proceedings in accordance with that agreement by upholding the appeal and amending condition 5 of the development consent.

Jurisdiction
Australia
Judgment Date
14 September 2018
Procedural Posture
Class 1 Appeal Against Actual Refusal of Modification Application No. Da/1055/2016 a / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; condition 5 amended; no order as to costs.
Legal Topics
['modification Application' 'condition of Consent' 'section 94 Contribution' 'conciliation Conference' 'agreement Between the Parties' 'orders']
['planning and Environment Law' 'land and Environment Court Procedure'] ['modification Application' 'condition of Consent' 'section 94 Contribution' 'conciliation Conference' 'agreement Between the Parties' 'orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Actual Refusal of Modification Application No. Da/1055/2016 a / Orders Made 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 at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether condition 5 of the development consent should be amended in accordance with the agreed terms.']

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 disposed of the proceedings in accordance with that agreement by upholding the appeal and amending condition 5 of the development consent.

Court Disposition

Appeal upheld; condition 5 amended; no order as to costs.

Orders

  • ['The appeal is upheld.' 'Condition 5 of Development Consent No. DA/1955/2016 is amended in accordance with the conditions recorded in Annexure A.' 'No order as to costs.']