Creel v Hawkesbury City Council [2018] NSWLEC 1342

Creel v Hawkesbury City Council [2018] NSWLEC 1342

The proceedings were disposed of by orders reflecting the agreement reached under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied the decision was within the proper exercise of the Court's functions.

Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Class 1 (land and Environment Court) / Post Conciliation Conference; Final Orders on Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Orders made by consent disposing of the proceedings under s 34(3) of the Land and Environment Court Act 1979 in accordance with the parties' agreement.
Legal Topics
['development Application' 'modification Application' 'building Certificate' 'conciliation Conference' 's 34(3) Agreement']
['planning and Environment'] ['development Application' 'modification Application' 'building Certificate' 'conciliation Conference' 's 34(3) Agreement']

Case Brief

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Procedural Posture

Class 1 (land and Environment Court) / Post Conciliation Conference; Final Orders on Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by the Court" 'Consequences of orders to amend and approve modification and building certificate applications']

Ratio Decidendi

The proceedings were disposed of by orders reflecting the agreement reached under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied the decision was within the proper exercise of the Court's functions.

Court Disposition

Orders made by consent disposing of the proceedings under s 34(3) of the Land and Environment Court Act 1979 in accordance with the parties' agreement.

Orders

  • ['Applicants granted leave to amend Modification Application No. S960157/16 and rely on specified plans/documents;' 'Appeal upheld;' 'Modification Application No. S960157/16 approved;' "Development Consent No. M0808/00 modified as set out in Annexure 'A';" "Development Consent No. M0808/00 now subject to...