Newport Central Pty Ltd v Lake Macquarie City Council [2016] NSWLEC 1431
As the parties reached an agreement acceptable to them pursuant to s 34(3) of the Land and Environment Court Act 1979 and the Court was satisfied such a decision could properly be made, the Court was required to dispose of the proceedings in accordance with that decision.
- Jurisdiction
- Australia
- Judgment Date
- 02 September 2016
- Procedural Posture
- Appeal / Final Orders Following Conciliation Conference
- Outcome
- Appeal upheld by consent, development consent granted subject to conditions.
- Legal Topics
- ['development Application' 'intensive Livestock Agriculture' 'conciliation Conference' 'section 34 Agreement']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Legal Issues
- 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 is acceptable and can be made as a decision by the Court']
Ratio Decidendi
As the parties reached an agreement acceptable to them pursuant to s 34(3) of the Land and Environment Court Act 1979 and the Court was satisfied such a decision could properly be made, the Court was required to dispose of the proceedings in accordance with that decision.
Court Disposition
Appeal upheld by consent, development consent granted subject to conditions.
Orders
- ['The appeal is upheld subject to agreed conditions.' 'Development Consent is granted to DA 1421/2015 for intensive livestock agriculture (egg laying poultry sheds) at 72 Valley Crest Road, Cooranbong in accordance with the annexed conditions.']
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment