United Petroleum Pty Ltd v Bega Valley Shire Council [2018] NSWLEC 1131

United Petroleum Pty Ltd v Bega Valley Shire Council [2018] NSWLEC 1131

The appeal was disposed of in accordance with an agreement reached between the parties at a conciliation conference pursuant to s 34(3) of the Land and Environment Court Act 1979; the Court was satisfied that the decision could have been made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
15 March 2018
Procedural Posture
Appeal / Conciliation Conference; Final Orders Made
Outcome
Appeal upheld; consent granted subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'appeal' 'consent Order']
['planning and Environment'] ['development Application' 'conciliation Conference' 'appeal' 'consent Order']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Final Orders Made

Legal Issues

  1. 1 ['Whether refusal of Development Application 2016.505 should be upheld or overturned' 'Whether consent should be granted for petrol pricing advertising sign']

Ratio Decidendi

The appeal was disposed of in accordance with an agreement reached between the parties at a conciliation conference pursuant to s 34(3) of the Land and Environment Court Act 1979; the Court was satisfied that the decision could have been made in the proper exercise of its functions.

Court Disposition

Appeal upheld; consent granted subject to conditions

Orders

  • ['The appeal is upheld.' 'Consent is granted to Development Application No. 2016.505 for a petrol pricing advertising sign located on Lot 1 Section 33 DP 758825, otherwise known as 39 Quondola Street, Pambula, subject to the conditions contained in Annexure "A" to this agreement.']