Burton and Otrs v Cabonne Council [2015] NSWLEC 1314

Burton and Otrs v Cabonne Council [2015] NSWLEC 1314

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.

Jurisdiction
Australia
Judgment Date
05 August 2015
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979; final orders made on 5 August 2015.
Legal Topics
['three Lot Subdivision' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)' 'orders by Consent']
['planning and Environment' 'development Applications' 'subdivision'] ['three Lot Subdivision' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)' 'orders by Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one 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.

Court Disposition

Proceedings disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979; final orders made on 5 August 2015.

Orders

  • ["Final orders to give effect to the parties' agreement were made on 5 August 2015."]