Tenterfield Petroleum Pty Limited v Central Coast Council [2018] NSWLEC 1553

Tenterfield Petroleum Pty Limited v Central Coast Council [2018] NSWLEC 1553

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 by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
18 October 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'development Consent' 'section 34 Agreement']
['environmental and Planning Law'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'development Consent' 'section 34 Agreement']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the applicant to rely upon the plans described in condition 1.1 of Annexure A to this agreement.' 'The appeal is upheld.' 'Development Consent is granted to the application (DA1082/2017) for completion of partially constructed canopy over petrol bowsers and signage, subject to the conditions as...