Terra Ag Services Pty Ltd v Griffith City Council [2018] NSWLEC 1225

Terra Ag Services Pty Ltd v Griffith City Council [2018] NSWLEC 1225

Because the parties reached an agreement under s 34(3) as to terms of a decision and the Commissioner was satisfied that the 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 by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Class 1 Appeal Against Refusal of Development Application 158/2015 / Conciliation Conference After Proceedings Were Remitted; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions in Annexure A.
Legal Topics
['development Application' 'rural Supplies Business' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'remitted Proceedings']
['planning and Environment Law'] ['development Application' 'rural Supplies Business' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'remitted Proceedings']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application 158/2015 / Conciliation Conference After Proceedings Were Remitted; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the Court should dispose of the remitted 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) as to terms of a decision and the Commissioner was satisfied that the 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 by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development consent is granted to development application no. 158/2015 for a rural supplies business including fertiliser storage shed and associated car parking and landscaping on land at Lot 528 DP 751709 Kidman Way, Griffith in accordance with the conditions in Annexure A hereto.']