NGK 2000 Pty Ltd v The Hills Shire Council [2017] NSWLEC 1482

NGK 2000 Pty Ltd v The Hills Shire Council [2017] NSWLEC 1482

The matter was resolved by agreement between the parties at a conciliation conference; the Commissioner was satisfied under s 34(3) LEC Act that the agreement could have been made by the Court in the proper exercise of its functions, and therefore disposed of the proceedings and set out written orders in line with the agreement without making any merit assessment.

Jurisdiction
Australia
Judgment Date
04 September 2017
Procedural Posture
Appeal (class 1) / Conciliation Conference; Final Orders
Outcome
Appeal upheld; modification to development consent approved as per agreed orders
Legal Topics
['development Application' 'modification Application' 'conciliation Conference' 'section 94 Contributions']
['planning and Environment'] ['development Application' 'modification Application' 'conciliation Conference' 'section 94 Contributions']

Case Brief

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Procedural Posture

Appeal (class 1) / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether to approve the modification to Condition 38 of Development Consent DA781/2005/HC regarding Section 94 Contributions' 'Whether to uphold the appeal regarding the development application']

Ratio Decidendi

The matter was resolved by agreement between the parties at a conciliation conference; the Commissioner was satisfied under s 34(3) LEC Act that the agreement could have been made by the Court in the proper exercise of its functions, and therefore disposed of the proceedings and set out written orders in line with the agreement without making any merit assessment.

Court Disposition

Appeal upheld; modification to development consent approved as per agreed orders

Orders

  • ['The Appeal is upheld.' "Modification Application DA781/2005/HC/C, seeking a modification to Condition 38 of Development Consent DA781/2005/HC to vary Section 94 Contributions is approved subject to the revised Condition 38 set out at Annexure 'A'." "As a consequence of Orders 1 and 2, Development Consent...