Colonial Credits Pty Ltd v Pittwater Council [2015] NSWLEC 1320

Colonial Credits Pty Ltd v Pittwater Council [2015] NSWLEC 1320

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were required to be disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
03 August 2015
Procedural Posture
Class 1 Appeal Concerning Development Consent and Modification of S94 Conditions / Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979; Agreement Between the Parties
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Consent' 'modification of S94 Conditions' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Class 1 Proceedings']
['environmental and Planning Law'] ['development Consent' 'modification of S94 Conditions' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Class 1 Proceedings']

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Procedural Posture

Class 1 Appeal Concerning Development Consent and Modification of S94 Conditions / Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979; Agreement Between the Parties

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were required to be disposed of in accordance with that agreement.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ["Final orders to give effect to the parties' agreement were made on 03 August 2015."]