PLANIK PTY LTD v WOLLONGONG CITY COUNCIL [2017] NSWLEC 1654

PLANIK PTY LTD v WOLLONGONG CITY COUNCIL [2017] NSWLEC 1654

The appeal is upheld and consent is granted on terms agreed between the parties, as the agreement satisfies the requirements of s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Planik Pty Limited; Respondent: Wollongong City Council
Jurisdiction
Australia
Judgment Date
17 November 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions; costs order against applicant
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Planik Pty Limited

Applicant

Wollongong City Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether terms of agreement reached at conciliation conference could be made as orders of the Court
  2. 2 Whether the orders reflect a decision the Court could properly make under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The appeal is upheld and consent is granted on terms agreed between the parties, as the agreement satisfies the requirements of s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; consent granted subject to conditions; costs order against applicant

Orders

  • The appeal is upheld
  • DA-2016/16 for thirty industrial lot torrens title subdivision at Lot 11 DP 1129850 is determined by the grant of consent, subject to the conditions at Annexure A