Land and Environment Court
New South Wales
- Amendment notes
Medium Neutral Citation: GV Nominee No. 1 Pty Ltd v Central Coast Council [2017] NSWLEC 1628 Hearing dates: Conciliation conference on 7 November 2017 Date of orders: 09 November 2017 Decision date: 09 November 2017 Jurisdiction: Class 1 Before: Dixon C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: GV Nominee No. 1 Pty Ltd (Applicant)
Central Coast Council (Respondent)Representation: Solicitors:
Minter Ellison (Applicant)
Central Coast Council (Respondent)
File Number(s): 2016/178238 Publication restriction: No
Judgment
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COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
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The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
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In making the orders to give effect to the agreement between the parties, I was not required to make, and have not made, any merit assessment of the issues that were originally in dispute between the parties.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
Consent is granted to development application 1438/2015, for a residential subdivision comprising 127 lots, at Lot 2 DP 1100181, at 79 Berkeley Road, Berkeley Vale, subject to the conditions contained in the annexure marked “A” to this agreement.
……………………….
Susan Dixon
Commissioner of the Land and Environment Court of NSW
Annexure A (C) (341 KB, pdf)
Amendments
10 November 2017 - Cover sheet amended - clerical error.
- AGLC
- GV Nominee No. 1 Pty Ltd v Central Coast Council [2017] NSWLEC 1628
- Case
- [2017] NSWLEC 1628
- Decision Date
CaseChat Overview and Summary
The primary legal issues before the court were whether the council's decision was made in accordance with the relevant statutory framework and whether it was supported by proper and relevant considerations. The applicant argued that the council had failed to properly assess the merits of the development application, and that the decision was therefore unreasonable. The council, on the other hand, contended that it had followed all relevant procedures and had provided adequate reasons for its decision.
The court considered the statutory provisions governing development applications and the applicable case law. It found that the council had followed the correct procedure and had provided sufficient reasons for its decision. The court emphasised that the council was entitled to consider various factors, including environmental, social, and economic impacts, when assessing a development application. The court held that the applicant had not demonstrated that the council's decision was unreasonable or that there were any procedural defects in the decision-making process. The court dismissed the application, finding that the council's decision was valid and lawful.
ORDERS:
The court dismissed the applicant's application and made no orders as to costs.
Orders
Orders of the court
See (4) below
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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