Towzell v Waverley Council [2015] NSWLEC 1511

Towzell v Waverley Council [2015] NSWLEC 1511

As agreement was reached between the parties at or after a conciliation conference and the Commissioner was satisfied the decision is one the Court could have made in exercise of its functions, orders were made disposing of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
07 December 2015
Procedural Posture
Development Application / Post Conciliation Conference; Final Orders
Outcome
Orders made to give effect to agreement between the parties under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
['development Application' 'section 34 Agreement' 'conciliation']
['environmental Law' 'planning Law'] ['development Application' 'section 34 Agreement' 'conciliation']

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Procedural Posture

Development Application / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the agreement reached at conciliation conference could be made as an order of the Court under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

As agreement was reached between the parties at or after a conciliation conference and the Commissioner was satisfied the decision is one the Court could have made in exercise of its functions, orders were made disposing of the proceedings in accordance with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Orders made to give effect to agreement between the parties under s 34(3) of the Land and Environment Court Act 1979

Orders

  • ["Final orders made in terms of parties' agreement at conciliation conference, as set out in the written orders dated 7 December 2015"]