Cresco Opus Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1452

Cresco Opus Pty Ltd v Ku-ring-gai Council [2015] NSWLEC 1452

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 decision.

Jurisdiction
Australia
Judgment Date
02 November 2015
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
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 Application' 'demolition of Existing Dwellings and Associated Structures' 'multi Dwelling Housing Development' 'section 34 Conciliation Agreement']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'demolition of Existing Dwellings and Associated Structures' 'multi Dwelling Housing Development' 'section 34 Conciliation Agreement']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached under s 34(3) of the Land and Environment Court Act 1979."]

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 decision.

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 02 November 2015."]