Willow Properties Pty Ltd and Paloma Blanca Pastoral Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1492

Willow Properties Pty Ltd and Paloma Blanca Pastoral Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1492

The parties reached an agreement at or after a conciliation conference, the Commissioner was satisfied the agreement reflected a decision the Court could have made, and final orders including development consent and costs were made per s 34(3) Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Class 1 / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development consent granted; orders made pursuant to agreement
Legal Topics
['development Application' 'conciliation Conference' 'costs' 'development Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'costs' 'development Consent']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended plans can be relied upon' 'Entitlement to costs thrown away due to amended plans' 'Approval for development application DA 17/0008']

Ratio Decidendi

The parties reached an agreement at or after a conciliation conference, the Commissioner was satisfied the agreement reflected a decision the Court could have made, and final orders including development consent and costs were made per s 34(3) Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted; orders made pursuant to agreement

Orders

  • ['Applicant granted leave to rely upon amended plans.' "Applicant to pay Respondent's costs thrown away as a result of amended plans, in the amount of $2,500 within 14 days from the date of orders." 'Appeal upheld.' 'Development consent granted to DA 17/0008 for a new dwelling house at Lot 17 DP 21563 Retford Road...