Rabbits Eat Lettuce Pty Ltd v Richmond Valley Council [2018] NSWLEC 1685

Rabbits Eat Lettuce Pty Ltd v Richmond Valley Council [2018] NSWLEC 1685

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because it involved modifying the development control order under s 8.18(4)(b) of the Environmental Planning and Assessment Act, so s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement. The addendum records that the final orders at [15] were later set aside.

Jurisdiction
Australia
Judgment Date
24 December 2018
Procedural Posture
Class 1 Appeal in Respect of a Development Control Order / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties; Final Orders Later Set Aside by Addendum
Outcome
Final orders at [15] set aside by addendum; the original orders had upheld the appeal and substituted Annexure A orders for the Council's development control order.
Legal Topics
['development Control Order' 'removal of Structures' 'development Consent Compliance' 'class 1 Appeal' 'conciliation Conference' 'consent Orders']
['planning and Environment' 'land and Environment Court Procedure'] ['development Control Order' 'removal of Structures' 'development Consent Compliance' 'class 1 Appeal' 'conciliation Conference' 'consent Orders']

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Procedural Posture

Class 1 Appeal in Respect of a Development Control Order / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Agreement Between the Parties; Final Orders Later Set Aside by Addendum

Legal Issues

  1. 1 ["Whether the Court could dispose of the Class 1 appeal in accordance with the parties' agreement reached at the conciliation conference." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions under s 8.18(4) of the Environmental Planning and Assessment Act and s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

The Court was satisfied that the parties' agreed decision was one the Court could have made in the proper exercise of its functions because it involved modifying the development control order under s 8.18(4)(b) of the Environmental Planning and Assessment Act, so s 34(3) of the Land and Environment Court Act 1979 required the proceedings to be disposed of in accordance with that agreement. The addendum records that the final orders at [15] were later set aside.

Court Disposition

Final orders at [15] set aside by addendum; the original orders had upheld the appeal and substituted Annexure A orders for the Council's development control order.

Orders

  • ['The final orders in this judgment at [15] have been set aside, as explained in Rabbits Eat Lettuce Pty Ltd v Richmond Valley Council (No 2) [2019] NSWLEC 1069.' 'Original order at [15]: The appeal is upheld.' 'Original order at [15]: The Court makes the Orders set out in Annexure A in substitution of the Order...