7 Rivendell Way Pty Ltd v The Hills Shire Council [2018] NSWLEC 1166

7 Rivendell Way Pty Ltd v The Hills Shire Council [2018] NSWLEC 1166

Because the parties agreed to terms at a conciliation conference, and the Commissioner was satisfied the decision could properly be made by the Court, the proceedings were disposed of in accordance with the agreement as required by the Land and Environment Court Act 1979 s 34(3).

Jurisdiction
Australia
Judgment Date
05 April 2018
Procedural Posture
Appeal (class 1) / Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved with conditions
Legal Topics
['development Application' 'subdivision' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal (class 1) / Orders Following Conciliation Conference

  1. 1 ['Whether the parties’ agreement should be made into orders under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Because the parties agreed to terms at a conciliation conference, and the Commissioner was satisfied the decision could properly be made by the Court, the proceedings were disposed of in accordance with the agreement as required by the Land and Environment Court Act 1979 s 34(3).

Court Disposition

Appeal upheld; development application approved with conditions

Orders

  • ['The appeal is upheld.' "Development Application 1328/2017/ZD for subdivision of Lots 1025 and 1006 DP 263587 being 7 Rivendell Way and 15 Linksley Avenue, Glenhaven into 2 Torrens title lots, demolition of the existing buildings on proposed Lot 1 and resubdivision under the Community Land Development Act 1989 of...