Tongue and anor v Pittwater Council [2015] NSWLEC 1338

Tongue and anor v Pittwater Council [2015] NSWLEC 1338

The Acting Commissioner was satisfied that the agreement reached by the parties under s 34(3) Land and Environment Court Act 1979 was acceptable and a decision the Court could have made; therefore, orders were made to give effect to the agreement without a merit assessment.

Parties
Applicant 1: Gordon Arthur Tongue; Applicant 2: Kim Marie Williams; Respondent 1: Pittwater Council; Respondent 2: Lesley Megan Pitt
Jurisdiction
Australia
Judgment Date
07 August 2015
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Proceedings disposed of in accordance with the agreement reached at conciliation conference under s 34(3) Land and Environment Court Act 1979.
Legal Topics
Development Application, Agreement at Conciliation Conference, Orders Following Agreement
Environmental Law Planning Law Development Application Agreement at Conciliation Conference Orders Following Agreement

Case Brief

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Parties

Gordon Arthur Tongue

Applicant 1

Kim Marie Williams

Applicant 2

Pittwater Council

Respondent 1

Lesley Megan Pitt

Respondent 2

Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the agreement reached at conciliation conference accords with s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the Court could make the agreed decision in proper exercise of its functions

Ratio Decidendi

The Acting Commissioner was satisfied that the agreement reached by the parties under s 34(3) Land and Environment Court Act 1979 was acceptable and a decision the Court could have made; therefore, orders were made to give effect to the agreement without a merit assessment.

Court Disposition

Proceedings disposed of in accordance with the agreement reached at conciliation conference under s 34(3) Land and Environment Court Act 1979.

Orders

  • Final orders made to give effect to the parties' agreement on 7 August 2015.