Monteleone v Griffith City Council [2018] NSWLEC 1435
An agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, acceptable to the parties and to the commissioner as a decision the Court could properly make, must be given effect by making final orders disposing of the proceedings accordingly.
- Jurisdiction
- Australia
- Judgment Date
- 17 August 2018
- Procedural Posture
- Development Application Appeal / Conciliation Conference Agreement With Final Orders
- Outcome
- Appeal upheld; consent granted subject to conditions
- Legal Topics
- ['development Application' 'section 34 Conciliation' 'agreement Between Parties' 'court Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Development Application Appeal / Conciliation Conference Agreement With Final Orders
Legal Issues
- 1 ['Whether agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 can be accepted and orders made accordingly']
Ratio Decidendi
An agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, acceptable to the parties and to the commissioner as a decision the Court could properly make, must be given effect by making final orders disposing of the proceedings accordingly.
Court Disposition
Appeal upheld; consent granted subject to conditions
Orders
- ['The appeal is upheld.' 'Consent is granted to development application No. 98/2017 for the staged construction of new workshop & truck washing shed, new transportable building and use of existing buildings at Lot 198 DP 751709 known as 2724 Kidman Way, Hanwood subject to the conditions in Annexure A.']
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