Karen Frances Anne Blackley v Lane Cove Municipal Council [2016] NSWLEC 1654

Karen Frances Anne Blackley v Lane Cove Municipal Council [2016] NSWLEC 1654

The Court, having received an agreement acceptable to the parties at or after a conciliation conference and being satisfied that the decision is one that the Court could have made properly, must dispose of the proceedings and make orders in accordance with that agreement pursuant to s 34(3)(a) of the Land and Environment Court Act 1979.

Parties
Applicant: Karen Frances Anne Blackley; Respondent: Lane Cove Council
Jurisdiction
Australia
Judgment Date
25 January 2017
Procedural Posture
Class 1 / Conciliation Conference; Final Orders Following Agreement
Outcome
Orders made by consent in accordance with agreement under s 34(3) Land and Environment Court Act 1979; proceedings disposed of as agreed.
Legal Topics
Development Application, Conciliation Conference, Revocation of Council Order, Building Certificate, Agreement Between Parties
Planning and Environment Law Development Application Conciliation Conference Revocation of Council Order Building Certificate Agreement Between Parties

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Parties

Karen Frances Anne Blackley

Applicant

Lane Cove Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference; Final Orders Following Agreement

Legal Issues

  1. 1 Whether agreement between parties regarding development application and council orders could be given effect under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court, having received an agreement acceptable to the parties at or after a conciliation conference and being satisfied that the decision is one that the Court could have made properly, must dispose of the proceedings and make orders in accordance with that agreement pursuant to s 34(3)(a) of the Land and Environment Court Act 1979.

Court Disposition

Orders made by consent in accordance with agreement under s 34(3) Land and Environment Court Act 1979; proceedings disposed of as agreed.

Orders

  • Council Order issued under s.121B of the Environmental Planning and Assessment Act 1979 dated 7 June 2016 shall be revoked upon the approval of a Building Certificate for the constructed retaining wall, timber deck and associated earth works at 14 Pengilly Street, Riverview.
  • Council's Order issued under s.121B of the Environmental Planning and Assessment Act 1979 dated 7 June 2016 is stayed until the earlier of: 12 January 2018 or completion of the works approved by Sydney Water on 12 January 2017 or confirmation such works are not required.