Schwartz Family Co Pty Ltd v Cessnock City Council [2018] NSWLEC 1140

Schwartz Family Co Pty Ltd v Cessnock City Council [2018] NSWLEC 1140

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and found acceptable by the Court, and the Court was satisfied it could have made the decision in the exercise of its function, requiring the appeal to be upheld and development application approved with conditions.

Jurisdiction
Australia
Judgment Date
19 March 2018
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
The appeal is upheld and the development application is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the development application for the use of a marquee for up to 26 days per calendar year should be approved']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and found acceptable by the Court, and the Court was satisfied it could have made the decision in the exercise of its function, requiring the appeal to be upheld and development application approved with conditions.

Court Disposition

The appeal is upheld and the development application is approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 8/2016/288/1 for the use of a marquee for up to 26 days per calendar year at 39 Lovedale Road, Lovedale is approved subject to conditions in Annexure A.']