Ralan Arncliffe ty Ltd v Rockdale City Council [2015] NSWLEC 1219

Ralan Arncliffe ty Ltd v Rockdale City Council [2015] NSWLEC 1219

The court is bound to dispose of proceedings in accordance with an agreement reached between parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, provided the court is satisfied the decision is one it could have made.

Jurisdiction
Australia
Judgment Date
12 June 2015
Procedural Posture
Class 1 Appeal / Post Conciliation, Orders Following Agreement
Outcome
Agreed orders made to give effect to agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'demolition and Construction' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'demolition and Construction' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation, Orders Following Agreement

Legal Issues

  1. 1 ['Whether the proposed development should be approved under the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The court is bound to dispose of proceedings in accordance with an agreement reached between parties at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, provided the court is satisfied the decision is one it could have made.

Court Disposition

Agreed orders made to give effect to agreement pursuant to s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Appeal disposed of in accordance with parties’ agreement; orders as set out in formal decision documents.']