Project 28 Pty Ltd v Minister for Planning [2017] NSWLEC 1033

Project 28 Pty Ltd v Minister for Planning [2017] NSWLEC 1033

The parties having reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court being satisfied that it is a decision it could properly make, the proceedings must be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
31 January 2017
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; approval granted for modification subject to conditions in annexures
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Land and Environment Court Act 1979']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement between the parties at a conciliation conference can be given effect under s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

The parties having reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Court being satisfied that it is a decision it could properly make, the proceedings must be disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; approval granted for modification subject to conditions in annexures

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents referred to in Annexure "A".' 'The appeal is upheld.' 'Modification no. MP08-0194 MOD 3 to modify Project Approval no. MP08-0194 is approved as set out in Annexure "A".' 'Project Approval no. MP08-0194 is now subject to consolidated,...