Willow Properties Pty Ltd and Paloma Blanca Pastoral Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1535

Willow Properties Pty Ltd and Paloma Blanca Pastoral Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1535

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 decision and made orders upholding the appeal and granting development consent.

Jurisdiction
Australia
Judgment Date
25 September 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and development consent was granted to DA 17/0011, with costs orders and leave to rely on amended plans.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'costs Thrown Away']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether development consent should be granted to DA 17/0011 in accordance with the agreed conditions.']

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 decision and made orders upholding the appeal and granting development consent.

Court Disposition

The appeal was upheld and development consent was granted to DA 17/0011, with costs orders and leave to rely on amended plans.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans in Annexure "A".' "The Applicant pay the Respondent's costs thrown away as a result of the amended plans, in the agreed amount of $2,500 within 14 days from the date of these orders, pursuant to s 8.15(3) (cf previous s.97B) of the Environmental...