Sheep Station Pty Ltd v Murray Shire Council [2017] NSWLEC 1485

Sheep Station Pty Ltd v Murray Shire Council [2017] NSWLEC 1485

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 proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
04 September 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 026/16 approved subject to conditions; each party to bear their own costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Orders Made 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."]

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 proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No. 026/16 approved subject to conditions; each party to bear their own costs.

Orders

  • ['The appeal is upheld.' 'Development Application No. 026/16 for a 16 lot neighbourhood subdivision and associated works at Lot 22 in DP 1185216, at Deep Creek Marina, Pericoota Road, NSW 2731 is approved subject to the conditions contained in Annexure "A".' 'Each party to bear their own costs.']