Australian Consulting Architects v The Hills Shire Council [2016] NSWLEC 1259

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

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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

  1. 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'"]