Vigor Master Pty Ltd v Warringah Council [2015] NSWLEC 1469

Vigor Master Pty Ltd v Warringah Council [2015] NSWLEC 1469

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the proceedings were required to be disposed of in accordance with that decision.

Jurisdiction
Australia
Judgment Date
13 November 2015
Procedural Posture
Class 1 Development Application: Section 96 Modification Regarding Subdivision Lots / 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' 'section 96 Modification' 'subdivision Lots' 'emergency Access' 'asset Protection Zones' 'contamination' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment Law'] ['development Application' 'section 96 Modification' 'subdivision Lots' 'emergency Access' 'asset Protection Zones' 'contamination' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Development Application: Section 96 Modification Regarding Subdivision Lots / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was one the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore 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 13 November 2015."]