Dennis Chand v Liverpool City Council [2017] NSWLEC 1537

Dennis Chand v Liverpool City Council [2017] NSWLEC 1537

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 Court was required to dispose of the proceedings in accordance with that agreement and make orders giving effect to it.

Jurisdiction
Australia
Judgment Date
27 September 2017
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Orders made to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'building Certificate' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'building Certificate' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one 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 Court was required to dispose of the proceedings in accordance with that agreement and make orders giving effect to it.

Court Disposition

Orders made to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Subject to the Applicant, before December 2017, providing to the Respondent the reports and certificated identified in par 2(2) below and carrying out the works detailed in par 2(3) below, the Respondent is directed, pursuant to s 149, to issue a building certificate in respect of the balcony/desk and awning...