Blake v Ku-ring-gai Council [2015] NSWLEC 1476

Because an agreement under s 34(3) was reached 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 to be disposed of in accordance with that agreement without a merit assessment of the issues originally in dispute.

Jurisdiction: Australia
Judgment Date: 24 November 2015
Procedural Posture: Class 1 Development Application / 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' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)']

['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)']

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Procedural Posture

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

Legal Issues

1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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 the date recorded on those orders."]