Clift v Gwydir Shire Council [2018] NSWLEC 1143

Clift v Gwydir Shire Council [2018] NSWLEC 1143

The presiding Commissioner, being satisfied that the agreed decision could have been made by the Court, was required by s 34(3)(a) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties’ agreement and to set out the terms of the decision in writing.

Parties
Applicant: William Linden Clift; Applicant: Claystone Masonry Pty Ltd; Respondent: Gwydir Shire Council
Jurisdiction
Australia
Judgment Date
20 March 2018
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld
Legal Topics
Development Application, Conciliation Conference, Modification of Development Consent
Environmental Law Planning Law Development Application Conciliation Conference Modification of Development Consent

Case Brief

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Parties

William Linden Clift

Applicant

Claystone Masonry Pty Ltd

Applicant

Gwydir Shire Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the Court should approve the agreed terms for modification of development consent under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The presiding Commissioner, being satisfied that the agreed decision could have been made by the Court, was required by s 34(3)(a) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the parties’ agreement and to set out the terms of the decision in writing.

Court Disposition

Appeal upheld

Orders

  • Appeal upheld.
  • Modification Application No. 33/2016 dated 11 July 2016 for the modification of Development Consent No. 32/87 relating to Lots 5, 6 and 7 DP 264346 is approved subject to the consolidated set of conditions contained in 'Annexure A'.