NGK 2000 Pty Ltd v The Hills Shire Council [2021] NSWLEC 1353

NGK 2000 Pty Ltd v The Hills Shire Council [2021] NSWLEC 1353

As the agreement reached by the parties is one that the Court could have made in the proper exercise of its functions, and there is no environmental impact or jurisdictional impediment, the Court is obliged to approve the modification in accordance with the parties’ agreement.

Jurisdiction
Australia
Judgment Date
16 June 2021
Procedural Posture
Appeal / Final Determination at Conciliation Conference
Outcome
Appeal upheld; modification application approved in accordance with agreed terms
Legal Topics
['modification of Development Consent' 'development Contributions' 'conciliation Conference' 'environmental Planning' 'variation of Consent Conditions']
['planning and Environment'] ['modification of Development Consent' 'development Contributions' 'conciliation Conference' 'environmental Planning' 'variation of Consent Conditions']

Case Brief

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Procedural Posture

Appeal / Final Determination at Conciliation Conference

Legal Issues

  1. 1 ['Whether Development Consent DA93/2020/HC should be modified by deleting certain conditions and inserting a new one' 'Whether to vary contributions imposed under the Environmental Planning and Assessment Act 1979, s 7.11 according to s 7.13(3)' "Whether the court can dispose of the proceedings in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

As the agreement reached by the parties is one that the Court could have made in the proper exercise of its functions, and there is no environmental impact or jurisdictional impediment, the Court is obliged to approve the modification in accordance with the parties’ agreement.

Court Disposition

Appeal upheld; modification application approved in accordance with agreed terms

Orders

  • ['The Appeal is upheld.' 'Modification Application DA 93/2020/HC/A is approved.' 'Development Consent DA93/2020/HC is modified by deletion of conditions 86, 113, 115 and 118 and insertion of new condition 1A as set out in Annexure A.' 'Development Consent DA 93/2020/HC/A is subject to consolidated conditions at...