Walker Gillieston Heights Pty Ltd v Maitland City Council [2017] NSWLEC 1478

Walker Gillieston Heights Pty Ltd v Maitland City Council [2017] NSWLEC 1478

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 was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the modification application conditionally.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Class 1 Modification Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved conditionally; development consent DA08-122 subject to consolidated, modified conditions of approval.
Legal Topics
['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Conditions']
['planning and Environment Law'] ['modification Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent Conditions']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether the application to modify development consent DA08-122 should be approved conditionally in accordance with the agreed modifications.']

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 was required to dispose of the proceedings in accordance with that agreement by upholding the appeal and approving the modification application conditionally.

Court Disposition

Appeal upheld; modification application approved conditionally; development consent DA08-122 subject to consolidated, modified conditions of approval.

Orders

  • ['The appeal is upheld.' 'The application to modify consent DA08-122 to facilitate a staged residential subdivision located at 369 Cessnock Road, Gillieston Heights (lot 122 DP1116927), 427 Cessnock Road, Gillieston Heights (Lot 10 DP573032) and 353 Cessnock Road, Gillieston Heights (lot 121 DP1116927) is determined...