Winten (No 21) Pty Ltd v Lake Macquarie City Council & Anor [2017] NSWLEC 1728

Winten (No 21) Pty Ltd v Lake Macquarie City Council & Anor [2017] NSWLEC 1728

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
15 December 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application no. 1936/2016 approved subject to conditions set out in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'subdivision Approval']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'subdivision Approval']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement had been reached between the parties under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application no. 1936/2016 approved subject to conditions set out in Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application no. 1936/2016 for subdivision of Lot 30 in DP1214525 into 594 residential lots, 2 super lots, 17 drainage reserves, 3 public reserves and 1 local park, associated roads, infrastructure, services, bulk earthworks and the provision of open space is approved, subject to...