Boyce v Marrickville Council [2015] NSWLEC 1207

Boyce v Marrickville Council [2015] NSWLEC 1207

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
16 June 2015
Procedural Posture
Class 1 Development Application / Development Consent Proceedings / At or After Conciliation Conference; Agreement Reached 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 Consent' 'development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Consent' 'development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent 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 / Development Consent Proceedings / At or After Conciliation Conference; Agreement Reached Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether the proceedings should be disposed of in accordance with the agreed decision.']

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 16 June 2015."]