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
Summary, issues, holding and outcome
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Procedural Posture
Appeal (class 1) / Orders Following Conciliation Conference
Legal Issues
- 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...
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