Tipglen Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 1268

Tipglen Pty Limited v Wingecarribee Shire Council [2018] NSWLEC 1268

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 disposed of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
01 June 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered.
Legal Topics
['development Application' 'subdivision of Land' 'conciliation Conference' 'section 34 Agreement' 'development Consent' 'costs']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'subdivision of Land' 'conciliation Conference' 'section 34 Agreement' 'development Consent' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

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 disposed 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; costs ordered.

Orders

  • ['The Applicant is granted leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. 16/1109 for...