Landart Landscapes v Ku-ring-gai Council [2016] NSWLEC 1152

Landart Landscapes v Ku-ring-gai Council [2016] NSWLEC 1152

The Court disposed of the proceedings by making orders in the terms agreed by the parties, having been satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was one the Court could have made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
22 April 2016
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Decision
Outcome
Orders made by consent to give effect to agreement between the parties under s 34(3) Land and Environment Court Act 1979
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference Decision

Legal Issues

  1. 1 ['Whether an agreement reached under s 34(3) of the Land and Environment Court Act 1979 should be made the order of the Court']

Ratio Decidendi

The Court disposed of the proceedings by making orders in the terms agreed by the parties, having been satisfied under s 34(3) of the Land and Environment Court Act 1979 that the decision was one the Court could have made in the proper exercise of its functions.

Court Disposition

Orders made by consent to give effect to agreement between the parties under s 34(3) Land and Environment Court Act 1979

Orders

  • ['The proceedings are disposed of in accordance with the agreement between the parties reached at or after the conciliation conference as set out in the written orders.']