Nanevski Developments Pty Ltd v Bayside Council [2018] NSWLEC 1038

Nanevski Developments Pty Ltd v Bayside Council [2018] NSWLEC 1038

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were required to be disposed of in accordance with that agreement by making the final orders.

Jurisdiction
Australia
Judgment Date
02 February 2018
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Final orders made to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'building Certificate' 'unauthorised Works' 'demolition Works']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'building Certificate' 'unauthorised Works' 'demolition Works']

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were required to be disposed of in accordance with that agreement by making the final orders.

Court Disposition

Final orders made to give effect to the parties' agreement under s34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Within 3 months of the date of these Orders the Applicant is to carry out the demolition works as indicated in red on the demolition plans annexed to the orders and marked "A", in accordance with the conditions annexed and marked "B".' 'Within 3 months of the date of these Orders the Applicant is to provide...