Woodside Properties Pty Limited & anor v Wingecarribee Shire Council [2016] NSWLEC 1578

Woodside Properties Pty Limited & anor v Wingecarribee Shire Council [2016] NSWLEC 1578

As the parties reached an agreement at conciliation conference and the Court was satisfied the agreement was within power, s 34(3) of the Land and Environment Court Act 1979 required disposal of the proceedings accordingly.

Jurisdiction
Australia
Judgment Date
30 November 2016
Procedural Posture
Appeal (class 1, Land and Environment Court) / Determination Following Conciliation Conference With Orders by Consent
Outcome
Appeal upheld; modification approved by consent; conditions consolidated
Legal Topics
['development Consent' 'modification Application' 'conciliation Conference' 'orders by Agreement']
['planning Law' 'environmental Law'] ['development Consent' 'modification Application' 'conciliation Conference' 'orders by Agreement']

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Procedural Posture

Appeal (class 1, Land and Environment Court) / Determination Following Conciliation Conference With Orders by Consent

Legal Issues

  1. 1 ['Whether the modification application to development consent should be approved following agreement at conciliation conference']

Ratio Decidendi

As the parties reached an agreement at conciliation conference and the Court was satisfied the agreement was within power, s 34(3) of the Land and Environment Court Act 1979 required disposal of the proceedings accordingly.

Court Disposition

Appeal upheld; modification approved by consent; conditions consolidated

Orders

  • ['The Appeal is upheld.' 'Modification Application No. 04/0353.06 to modify Development Consent No. 04/0353 is approved as set out in Annexure A.' 'Development consent No. 04/0353.06 is now subject to the consolidated, modified conditions set out in Annexure B.']