Koellner v Pittwater Council [2015] NSWLEC 1032

Koellner v Pittwater Council [2015] NSWLEC 1032

Agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 requires the Court to make orders giving effect to that agreement if satisfied the decision could properly be made by the Court.

Jurisdiction
Australia
Judgment Date
02 March 2015
Procedural Posture
Class 1 / Conciliation Conference; Orders Following Settlement
Outcome
Orders made in accordance with agreement under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
['modification Application' 'conciliation Conference' 'development Consent']
['environmental Law' 'planning Law'] ['modification Application' 'conciliation Conference' 'development Consent']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference; Orders Following Settlement

Legal Issues

  1. 1 ['Whether the conciliation conference resulted in an agreement between the parties under s 34(3) of the Land and Environment Court Act 1979' 'Whether the Court should make orders in accordance with that agreement']

Ratio Decidendi

Agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 requires the Court to make orders giving effect to that agreement if satisfied the decision could properly be made by the Court.

Court Disposition

Orders made in accordance with agreement under s 34(3) of the Land and Environment Court Act 1979

Orders

  • ["Final orders made to give effect to the parties' agreement."]