Reece Pty Ltd v Blacktown City Council [2016] NSWLEC 1297

Reece Pty Ltd v Blacktown City Council [2016] NSWLEC 1297

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting 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
11 July 2016
Procedural Posture
Class 1 Appeal Concerning a S 121 B Order / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld.
Legal Topics
['section 121 B Order' 'non Compliance With Car Parking Requirements' 'non Compliance With Landscaping Requirements' 'outside Storage and Display of Goods' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)']
['planning and Environment'] ['section 121 B Order' 'non Compliance With Car Parking Requirements' 'non Compliance With Landscaping Requirements' 'outside Storage and Display of Goods' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)']

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Procedural Posture

Class 1 Appeal Concerning a S 121 B Order / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting 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

The appeal is upheld.

Orders

  • ['The appeal is upheld.' 'Items 1 - 4 of page 1 of the Order issued on 5 February 2016 are modified as set out in Annexure A.']