RG Capital (Australia) Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 1557

RG Capital (Australia) Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 1557

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 final orders giving effect to it without undertaking a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; consent granted to modify development consent LUA11/0724.05 in accordance with the parties' agreement.
Legal Topics
['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by 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 consent should be granted to modify development consent LUA11/0724.05 by modifying condition 46(c)(ii)(a).']

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 final orders giving effect to it without undertaking a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; consent granted to modify development consent LUA11/0724.05 in accordance with the parties' agreement.

Orders

  • ['The appeal is upheld.' 'Consent is granted to modify development consent LUA11/0724.05 by modifying consent condition 46(c)(ii)(a) as set out in the conditions of consent annexed hereto and marked "A".' 'The Applicant is granted leave to modify development consent LUA11/0724.05 to include the following additional...