Terrain Solar Pty Ltd v Wagga Wagga City Council [2019] NSWLEC 1003

Terrain Solar Pty Ltd v Wagga Wagga City Council [2019] NSWLEC 1003

The parties' agreement was within the court's power to make and, as mandated by s 34(3) of the Land and Environment Court Act 1979, the proceedings were disposed of in accordance with that agreement, and development consent was granted subject to agreed conditions.

Jurisdiction
Australia
Judgment Date
09 January 2019
Procedural Posture
Appeal / Post Conciliation Conference, Judgment and Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'court Approval of Agreement' 'environmental Planning Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Approval of Agreement' 'environmental Planning Consent']

Case Brief

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Procedural Posture

Appeal / Post Conciliation Conference, Judgment and Orders

Legal Issues

  1. 1 ['Whether the court should grant development consent following agreement at conciliation conference' "Whether the court may dispose of proceedings in accordance with the parties' decision under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The parties' agreement was within the court's power to make and, as mandated by s 34(3) of the Land and Environment Court Act 1979, the proceedings were disposed of in accordance with that agreement, and development consent was granted subject to agreed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['Leave granted to Applicant to rely on amended plans as identified' 'The appeal is upheld' 'Development application No. 2017STH034 - Wagga - DA17/0679 for electricity generation works comprising a 30 MW solar farm and associated structures, works and infrastructure is approved in accordance with conditions in...