REM Gravel Pit Pty Limited v Bega Valley Shire Council [2015] NSWLEC 1149

REM Gravel Pit Pty Limited v Bega Valley Shire Council [2015] NSWLEC 1149

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 to be disposed of in accordance with that agreement without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
11 May 2015
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No DA 2013/70 for an Extractive Industry / 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' 'extractive Industry' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment Law'] ['development Application' 'extractive Industry' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No DA 2013/70 for an Extractive Industry / 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) 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 to be disposed of in accordance with that agreement without a merit assessment of the issues originally in dispute.

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 11 May 2015."]