Precise Planning v Wollondilly Shire Council [2016] NSWLEC 1423

Precise Planning v Wollondilly Shire Council [2016] NSWLEC 1423

As the statutory test under s 34(3) of the Land and Environment Court Act 1979 was met and the Commissioner was satisfied the decision was one the Court could have made, the Court was required to make orders giving effect to the agreement between the parties.

Parties
Applicant: Precise Planning; Respondent: Wollondilly Shire Council
Jurisdiction
Australia
Judgment Date
16 September 2016
Procedural Posture
Class 1 Appeal (development Application) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application determined by approval with amended plans and conditions; applicant to pay costs as ordered.
Legal Topics
Development Application, Conciliation Conference, Land and Environment Court Act 1979
Planning and Environment Development Application Conciliation Conference Land and Environment Court Act 1979

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 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Parties

Precise Planning

Applicant

Wollondilly Shire Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 can be given effect as a decision of the Court
  2. 2 Whether the Court can dispose of the proceedings in accordance with the parties' agreement

Ratio Decidendi

As the statutory test under s 34(3) of the Land and Environment Court Act 1979 was met and the Commissioner was satisfied the decision was one the Court could have made, the Court was required to make orders giving effect to the agreement between the parties.

Court Disposition

Appeal upheld; development application determined by approval with amended plans and conditions; applicant to pay costs as ordered.

Orders

  • Development application No. 10.2015.605.1 is amended by substitution of specified Stormwater Engineering and Supplementary Stormwater Assessment plans.
  • Applicant to pay thrown away costs of the consent authority under section 97B Environmental Planning and Assessment Act 1979 in the amount of $4,000 within 28 days.