Dragoneye Properties Pty Ltd v Pittwater Council [2015] NSWLEC 1449

Dragoneye Properties Pty Ltd v Pittwater Council [2015] NSWLEC 1449

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
27 October 2015
Procedural Posture
Class 1 Development Modification Proceedings / 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 Modification' 'community Title Subdivision' 'conciliation Conference' 'agreement Between the Parties' 'orders']
['planning and Environment Law'] ['development Modification' 'community Title Subdivision' 'conciliation Conference' 'agreement Between the Parties' 'orders']

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement reached between the parties at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.']

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 27 October 2015."]