Australian Consulting Architects v The Hills Shire Council [2016] NSWLEC 1259
The proceedings were disposed of by agreement between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979, the Commissioner being satisfied that the decision is one the Court could have made.
- Jurisdiction
- Australia
- Judgment Date
- 23 June 2016
- Procedural Posture
- Development Application Appeal / Conciliation Conference With Disposal by Consent Under S 34(3) Land and Environment Court Act 1979
- Outcome
- Appeal upheld by consent; modification of development consent granted in accordance with agreement
- Legal Topics
- ['development Applications' 'section 34 Conciliation' 'modification of Development Consent']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Development Application Appeal / Conciliation Conference With Disposal by Consent Under S 34(3) Land and Environment Court Act 1979
Legal Issues
- 1 ['Whether consent for the proposed development should be modified pursuant to section 96(1A)' 'Whether the parties’ agreement can be disposed of in accordance with s 34(3) of the Land and Environment Court Act 1979']
Ratio Decidendi
The proceedings were disposed of by agreement between the parties pursuant to s 34(3) of the Land and Environment Court Act 1979, the Commissioner being satisfied that the decision is one the Court could have made.
Court Disposition
Appeal upheld by consent; modification of development consent granted in accordance with agreement
Orders
- ['The appeal is upheld' "The section 96(1A) modification application No.338/2015/HB/A is granted in accordance with schedule 'A'"]
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