Boyce v Wingecarribee Shire Council [2019] NSWLEC 1592

Boyce v Wingecarribee Shire Council [2019] NSWLEC 1592

Because the parties reached agreement at a s 34 conciliation conference, and the Commissioner was satisfied that the jurisdictional prerequisites were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 17/0972.01 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders Made by Agreement
Outcome
Appeal upheld; amended development application approved subject to conditions.
Legal Topics
['development Application Refusal Appeal' 'conciliation Conference' 'amended Development Application' 'conditional Development Consent' 'jurisdictional Prerequisites']
['planning and Environment' 'development Consent' 'land Subdivision'] ['development Application Refusal Appeal' 'conciliation Conference' 'amended Development Application' 'conditional Development Consent' 'jurisdictional Prerequisites']

Case Brief

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 17/0972.01 / Conciliation Conference Under S 34 of the Land and Environment Court Act 1979; Orders Made by Agreement

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether jurisdictional prerequisites for approval of the amended development application were satisfied' 'Whether Development Application 17/0972.01 for a 2 lot subdivision at 10-12 Tyndall Street, Mittagong NSW should be approved subject to conditions']

Ratio Decidendi

Because the parties reached agreement at a s 34 conciliation conference, and the Commissioner was satisfied that the jurisdictional prerequisites were met and that the agreed decision was one the Court could have made in the proper exercise of its functions, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld; amended development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A".' "The applicant is to pay, within 7 days of this agreement, the respondent's costs of $5,000.00 for assessing the amended proposal." 'The appeal is upheld.' 'Development...