Bruce Robertson v Wingecarribee Shire Council [2017] NSWLEC 1584

Bruce Robertson v Wingecarribee Shire Council [2017] NSWLEC 1584

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that an agreement had been reached and that the decision was within its power, made orders to give effect to the agreement without making a merit assessment of the disputed issues.

Jurisdiction
Australia
Judgment Date
06 October 2017
Procedural Posture
Development Application Appeal / Conciliation Conference Agreement; Final Orders Made
Outcome
Appeal upheld; development application approved subject to conditions; costs payable by applicant
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'court Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'court Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference Agreement; Final Orders Made

Legal Issues

  1. 1 ["Whether the court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The Court, being satisfied under s 34(3) of the Land and Environment Court Act 1979 that an agreement had been reached and that the decision was within its power, made orders to give effect to the agreement without making a merit assessment of the disputed issues.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs payable by applicant

Orders

  • ["The applicant is granted leave to amend the development application and rely on the plans referred to in Condition 2 of Annexure 'A' to this agreement." 'The Appeal is upheld.' "Development Application Number DA17/0195 for the construction of single-storey farm outbuilding at 11 Ormond Street, Sutton Forest is...