Winten (No 21) Pty Ltd v Newcastle City Council & Secretary, Department of Planning and Environment [2017] NSWLEC 1736

Winten (No 21) Pty Ltd v Newcastle City Council & Secretary, Department of Planning and Environment [2017] NSWLEC 1736

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 agreement by making the final orders.

Jurisdiction
Australia
Judgment Date
19 December 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'subdivision' 'conciliation Conference' 'agreement Between Parties Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'subdivision' 'conciliation Conference' 'agreement Between Parties Under S 34(3) of the Land and Environment Court Act 1979']

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 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ['Whether the parties had reached an agreement 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.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

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 agreement by making the final orders.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Leave is granted for the parties to rely upon the amended plans referred to in the conditions set out in Annexure "A".' 'The appeal is upheld.' "Development application No. 2015/10393 for subdivision of Lot 2 in DP 1230960 and Lot 3 in DP 1230960 into 295 lots, 7 super lots, 4 drainage reserves, 2 public reserves...