Vacy Rural Pty Ltd v Dungog Shire Council [2012] NSWLEC 1065

Vacy Rural Pty Ltd v Dungog Shire Council [2012] NSWLEC 1065

Because the issues between the parties had been resolved, the objector was satisfied with the agreed outcome, and the Court was satisfied it had the relevant power to make the consent orders, the appeal was upheld by consent and the modification application was approved subject to conditions in Annexure A.

Jurisdiction
Australia
Judgment Date
20 March 2012
Procedural Posture
Class 2 Appeal Under S 97 AA of the Environmental Planning and Assessment Act 1979 Concerning Refusal or Deemed Refusal to Modify Development Consent No. Da47/2006 / Consent Orders
Outcome
Appeal upheld by consent
Legal Topics
['section 96 Modification Application' 'section 94 Contributions' 'section 88 B Instrument' 'rural Subdivision' 'consent Orders']
['environmental Planning and Assessment' 'development Consent Modification' 'planning Contributions' 'conveyancing Restrictions and Easements'] ['section 96 Modification Application' 'section 94 Contributions' 'section 88 B Instrument' 'rural Subdivision' 'consent Orders']

Case Brief

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Procedural Posture

Class 2 Appeal Under S 97 AA of the Environmental Planning and Assessment Act 1979 Concerning Refusal or Deemed Refusal to Modify Development Consent No. Da47/2006 / Consent Orders

Legal Issues

  1. 1 ['Whether conditions concerning s 94 contributions in Development Consent No. DA47/2006 should be deleted or modified.' 'Whether conditions requiring s 88B easements and restrictions as to user should be deleted or modified.' 'Whether the Court had power to make the consent orders sought by the parties.']

Ratio Decidendi

Because the issues between the parties had been resolved, the objector was satisfied with the agreed outcome, and the Court was satisfied it had the relevant power to make the consent orders, the appeal was upheld by consent and the modification application was approved subject to conditions in Annexure A.

Court Disposition

Appeal upheld by consent

Orders

  • ['The appeal be upheld.' 'The application dated 30 June 2011 made pursuant to section 96 of the Environmental Planning and Assessment Act 1979 to modify Development Consent 47/2006 (as modified 3 November 2010 by amendment No. 1), for the subdivision of Lot 122 DP 706044, known as 989 Gresford Road, Vacy, be...