Southern Highlands Petroleum Pty Ltd v Wingecarribee Shire Council [2015] NSWLEC 1507

Southern Highlands Petroleum Pty Ltd v Wingecarribee Shire Council [2015] NSWLEC 1507

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after a conciliation conference, and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were required to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
23 November 2015
Procedural Posture
Class 1 Appeal Against an Application to Modify Development Consent No: 14/1044 for the Redevelopment of an Existing Service Station at 61 Railway Avenue, Bundanoon / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979; Final Orders Made
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['modification of Development Consent' 'redevelopment of Existing Service Station' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['modification of Development Consent' 'redevelopment of Existing Service Station' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Appeal Against an Application to Modify Development Consent No: 14/1044 for the Redevelopment of an Existing Service Station at 61 Railway Avenue, Bundanoon / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979; Final Orders Made

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at or after a conciliation conference 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 at or after a conciliation conference, and the presiding Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were required to be disposed of in accordance with that agreement.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ["Final orders to give effect to the parties' agreement were made on 23 November 2015."]