Precise Planning v Wollondilly Shire Council [2017] NSWLEC 1142

Precise Planning v Wollondilly Shire Council [2017] NSWLEC 1142

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement without a merits assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
23 March 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions at Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'subdivision']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'subdivision']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for DA 010.2016.00000358.001 subject to conditions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement without a merits assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; development consent granted subject to conditions at Annexure A.

Orders

  • ['Leave is granted to the Applicant to amend the name of the Applicant in the proceedings to Alora Davies Developments 101 Pty Ltd.' 'Leave is granted to the Applicant to rely on the amended plans listed in the judgment.' 'The appeal is upheld.' 'Development consent is granted to DA 010.2016.00000358.001 for a...