Glenayr Avenue Pty Ltd v Waverley Council [2016] NSWLEC 1023

Glenayr Avenue Pty Ltd v Waverley Council [2016] NSWLEC 1023

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 agreed decision.

Jurisdiction
Australia
Judgment Date
01 February 2016
Procedural Posture
Class 1 Development Application Concerning Mixed Use Development / Conciliation Conference; Agreement Between the Parties; Orders 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' 'mixed Use Development' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Act 1979 S 34(3) Orders']
['planning and Environment Law'] ['development Application' 'mixed Use Development' 'conciliation Conference' 'agreement Between Parties' 'land and Environment Court Act 1979 S 34(3) Orders']

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Procedural Posture

Class 1 Development Application Concerning Mixed Use Development / Conciliation Conference; Agreement Between the Parties; Orders 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 an agreement reached between the parties 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 agreed 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 the date recorded on those orders."]