Willow Properties Pty Ltd and Paloma Blanca Pastoral Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1493

Willow Properties Pty Ltd and Paloma Blanca Pastoral Pty Ltd v Wingecarribee Shire Council [2018] NSWLEC 1493

The agreement reached by the parties at or after conciliation conference under s 34(3) of the Land and Environment Court Act 1979, having satisfied the Commissioner that it was a decision the Court properly could have made, required the Court to give effect to the agreed terms, including leave to rely on amended plans, payment of agreed costs, grant of development consent, and upholding of the appeal.

Parties
First Applicant: Willow Properties Pty Ltd; Second Applicant: Paloma Blanca Pastoral Pty Ltd; Respondent: Wingecarribee Shire Council
Jurisdiction
Australia
Judgment Date
19 September 2018
Procedural Posture
Class 1 / Final Orders Following Conciliation Conference
Outcome
Appeal upheld and development consent granted to DA 17/0006, orders made pursuant to agreement under s 34(3) Land and Environment Court Act 1979
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Costs, Development Consent
Environmental Law Development Application Conciliation Conference Agreement Between Parties 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 2 Authorities cited 2 Party arguments 1 Amounts and remedies 2
Sign in to unlock

Parties

Willow Properties Pty Ltd

First Applicant

Paloma Blanca Pastoral Pty Ltd

Second Applicant

Wingecarribee Shire Council

Respondent

Procedural Posture

Class 1 / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 should be given effect
  2. 2 Costs arising from amended plans and vacation of hearing
  3. 3 Grant of development consent for dwelling and associated works

Ratio Decidendi

The agreement reached by the parties at or after conciliation conference under s 34(3) of the Land and Environment Court Act 1979, having satisfied the Commissioner that it was a decision the Court properly could have made, required the Court to give effect to the agreed terms, including leave to rely on amended plans, payment of agreed costs, grant of development consent, and upholding of the appeal.

Court Disposition

Appeal upheld and development consent granted to DA 17/0006, orders made pursuant to agreement under s 34(3) Land and Environment Court Act 1979

Orders

  • The Applicant is granted leave to rely upon the amended plans.
  • 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 section 8.15(3) (cf previous s.97B) of the Environmental Planning and Assessment Act 1979 (NSW).