Sydney Anglican Schools Corporation v Warringah Council [2015] NSWLEC 1177

Sydney Anglican Schools Corporation v Warringah Council [2015] NSWLEC 1177

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

Jurisdiction
Australia
Judgment Date
07 May 2015
Procedural Posture
Development Application / Class 1 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' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether an agreement reached between the parties 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 presiding 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 decision.

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 7 May 2015."]