Burton v Hunters Hill Council [2018] NSWLEC 1163

Burton v Hunters Hill Council [2018] NSWLEC 1163

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
27 March 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' '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 Appeal / Conciliation Conference; Agreement Between the Parties; Final Orders Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court.' 'Whether Development Application No. 2017/1036 for construction of a single storey shed at the rear of 33 Batemans Road, Gladesville should be approved subject to conditions.']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of by orders giving effect to that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Leave is granted to rely on the amended plans at Annexure A and as referred to in condition 2 of Annexure B.' 'The appeal is upheld.' 'Development Application No. 2017/1036 for the construction of a single storey shed at the rear of 33 Batemans Road, Gladesville, is approved subject to the conditions within...