Samm v Ballina Shire Council [2016] NSWLEC 1295

Samm v Ballina Shire Council [2016] NSWLEC 1295

The Court is required to make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, having been satisfied such a decision is one the Court could have made.

Parties
Applicant: Nicole Samm; Respondent: Ballina Shire Council
Jurisdiction
Australia
Judgment Date
15 July 2016
Procedural Posture
Appeal / Conciliation Conference Concluded and Final Orders Made
Outcome
Appeal upheld; modification approval granted subject to conditions
Legal Topics
Development Consent, Conciliation Conference, Appeal Determination
Planning and Environment Development Consent Conciliation Conference Appeal Determination

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Nicole Samm

Applicant

Ballina Shire Council

Respondent

Procedural Posture

Appeal / Conciliation Conference Concluded and Final Orders Made

Legal Issues

  1. 1 Whether to grant modification to development consent in accordance with agreement reached under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court is required to make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, having been satisfied such a decision is one the Court could have made.

Court Disposition

Appeal upheld; modification approval granted subject to conditions

Orders

  • The Appeal is upheld.
  • The application to modify development consent DA 2015/145.3 is approved subject to the conditions set out in Annexure B.