Precise Planning v Wollondilly Shire Council [2017] NSWLEC 1143

Precise Planning v Wollondilly Shire Council [2017] NSWLEC 1143

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 Court was required to dispose of the proceedings in accordance with that agreement and made orders upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
23 March 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent for Subdivision' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment' 'development Control'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent for Subdivision' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979

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 leave should be granted to amend the applicant's name and to rely on amended plans." 'Whether development consent should be granted to DA 010.2016.00000357.001 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 Court was required to dispose of the proceedings in accordance with that agreement and made orders upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

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 identified in the judgment.' 'The appeal is upheld.' 'Development consent is granted to DA 010.2016.00000357.001 for a...