MTE Developments Pty Ltd v The Hills Shire Council [2016] NSWLEC 1609

MTE Developments Pty Ltd v The Hills Shire Council [2016] NSWLEC 1609

The Court, upon being satisfied that the agreement reached by the parties at the conciliation conference was one it could have made in the proper exercise of its functions, disposed of the proceedings by making orders consistent with that agreement as required by s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: MTE Developments Pty Ltd; Applicant: SFN Projects Pty Ltd; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Development Application Appeal / Conciliation Conference; Orders Made Following Agreement
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered.
Legal Topics
Development Application, Community Title Subdivision, Conciliation Conference, Aboriginal Heritage, Bushfire Protection, Contamination, Traffic, Stormwater Runoff, Flora and Fauna Impacts, Onsite Waste Disposal
Planning and Environment Development Application Community Title Subdivision Conciliation Conference Aboriginal Heritage Bushfire Protection Contamination Traffic +3 more

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Parties

MTE Developments Pty Ltd

Applicant

SFN Projects Pty Ltd

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference; Orders Made Following Agreement

Legal Issues

  1. 1 Whether the development application for a rural cluster community title subdivision should be approved

Ratio Decidendi

The Court, upon being satisfied that the agreement reached by the parties at the conciliation conference was one it could have made in the proper exercise of its functions, disposed of the proceedings by making orders consistent with that agreement as required by s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered.

Orders

  • The applicant is granted leave to amend the development application and rely on amended plans.
  • The Appeal is upheld.