Property Projects Pty Ltd v Maitland City Council [2017] NSWLEC 1055

Property Projects Pty Ltd v Maitland City Council [2017] NSWLEC 1055

The proceedings were disposed of by agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, with the Court being satisfied that the decision was one it could have made in the proper exercise of its functions.

Parties
Applicant: Property Projects Pty Ltd; Respondent: Maitland City Council
Jurisdiction
Australia
Judgment Date
13 February 2017
Procedural Posture
Development Application Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld by agreement; development consent modified
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement
Planning and Environment Development Application Conciliation Conference Section 34 Agreement

Case Brief

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Parties

Property Projects Pty Ltd

Applicant

Maitland City Council

Respondent

Procedural Posture

Development Application Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the appeal regarding the development application should be upheld by agreement under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The proceedings were disposed of by agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, with the Court being satisfied that the decision was one it could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld by agreement; development consent modified

Orders

  • The appeal is upheld subject to agreed amended conditions.
  • Development Consent DA14/2276 is modified in accordance with the modified conditions annexed hereto.