Daniel Michael v Hunter’s Hill Council [2017] NSWLEC 1490

Daniel Michael v Hunter’s Hill Council [2017] NSWLEC 1490

An agreement between the parties made at or after conciliation and found acceptable under s 34(3) of the Land and Environment Court Act 1979 is to be given effect by court orders disposing of the proceedings accordingly.

Jurisdiction
Australia
Judgment Date
05 September 2017
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; Agreement approved; Consent granted subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3) Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3) Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect; Whether the Court can make the agreed decision in the proper exercise of its functions']

Ratio Decidendi

An agreement between the parties made at or after conciliation and found acceptable under s 34(3) of the Land and Environment Court Act 1979 is to be given effect by court orders disposing of the proceedings accordingly.

Court Disposition

Appeal upheld; Agreement approved; Consent granted subject to conditions

Orders

  • ['The appeal be upheld.' "Consent is granted to development application no. 2016-1189 to Hunters Hill Council subject to the conditions in annexure 'A'."]