Lema v Wingecarribee Shire Council [2018] NSWLEC 1191

Lema v Wingecarribee Shire Council [2018] NSWLEC 1191

The Court disposed of the proceedings in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979, approving the development application subject to specified conditions, without making a merit assessment of the original issues.

Jurisdiction
Australia
Judgment Date
19 April 2018
Procedural Posture
Development Application Appeal / Agreement on Decision After Conciliation Conference
Outcome
Appeal upheld, development application approved subject to conditions by agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'minimum Lot Size' 'objection Under Planning Instrument']
['planning Law' 'environmental Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'minimum Lot Size' 'objection Under Planning Instrument']

Case Brief

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Procedural Posture

Development Application Appeal / Agreement on Decision After Conciliation Conference

Legal Issues

  1. 1 ['Whether the clause 4.6 objection to minimum lot size should be upheld' 'Whether the development application for subdivision should be approved on agreed terms']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979, approving the development application subject to specified conditions, without making a merit assessment of the original issues.

Court Disposition

Appeal upheld, development application approved subject to conditions by agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The clause 4.6 objection to the minimum lot size in clause 4.1 of the Wingecarribee Local Environmental Plan 2010 is upheld.' 'The appeal is upheld.' "Development Application No. 16/1322 for the subdivision of lot 61 in deposited plan 882829 into 3 lots at 7 Huxley Street, Mittagong is approved subject to the...