Project 28 Pty Ltd v Minister for Planning [2018] NSWLEC 1364

Project 28 Pty Ltd v Minister for Planning [2018] NSWLEC 1364

The court, following a conciliation conference and pursuant to s 34(3) of the Land and Environment Court Act 1979, made orders giving effect to the agreement reached between the parties, as such decision was within the court's power and no merit assessment was required.

Jurisdiction
Australia
Judgment Date
17 July 2018
Procedural Posture
Modification Application Class 1 Appeal / Orders Following Conciliation Conference
Outcome
Appeal number 2018/103952 dismissed; Appeal number 2018/103957 upheld; modification to Project Approval 08_0194 to extend the time for physical commencement and clarify construction certificate requirements approved per the terms set out in Annexures A, B, and C.
Legal Topics
['modification Application' 'conciliation Conference' 'consent Orders']
['planning Law'] ['modification Application' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Modification Application Class 1 Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the parties reached a lawful agreement under s 34(3) of the Land and Environment Court Act 1979' "Whether the agreed terms are within the court's power to make"]

Ratio Decidendi

The court, following a conciliation conference and pursuant to s 34(3) of the Land and Environment Court Act 1979, made orders giving effect to the agreement reached between the parties, as such decision was within the court's power and no merit assessment was required.

Court Disposition

Appeal number 2018/103952 dismissed; Appeal number 2018/103957 upheld; modification to Project Approval 08_0194 to extend the time for physical commencement and clarify construction certificate requirements approved per the terms set out in Annexures A, B, and C.

Orders

  • ['Appeal number 2018/103952 is dismissed.' 'Appeal number 2018/103957 is upheld.' "The modification request MP08_0194 MOD 7 to modify Project Approval 08_0194 to extend the time for physical commencement of works and to clarify that a construction certificate may be issued under the project approval for...