Ostaford Pty Limited v Newcastle City Council [2016] NSWLEC 1198

Ostaford Pty Limited v Newcastle City Council [2016] NSWLEC 1198

Because the parties reached an agreement under s 34(3) and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
18 May 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No DA 2014/1093 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'demolition of Existing Improvements' 'take Away Food Premises' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment Law'] ['development Application' 'demolition of Existing Improvements' 'take Away Food Premises' 'conciliation Conference' 'section 34 Agreement']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No DA 2014/1093 / Conciliation Conference; Agreement 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."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ["Final orders to give effect to the parties' agreement were made on 18 May 2016."]