ABAX Contracting Pty Ltd v Pittwater Council
[2015] NSWLEC 1205
•2 June 2015
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New South Wales |
Case Name: | ABAX Contracting Pty Ltd v Pittwater Council |
Medium Neutral Citation: | [2015] NSWLEC 1205 |
Hearing Date(s): | Conciliation conference on 2 June 2015 |
Date of Orders: | 2 June 2015 |
Decision Date: | 2 June 2015 |
Jurisdiction: | Class 1 |
Before: | Brown C |
Decision: | See (5) below |
Catchwords: | SUBDIVISION: conciliation conference; agreement between the parties; orders |
Legislation Cited: | Environmental Planning and Assessment Act 1979 |
Category: | Principal judgment |
Parties: | ABAX Contracting Pty Ltd (Applicant) |
Representation: | Counsel: |
File Number(s): | 10466 of 2015 |
Publication Restriction: | No |
JUDGMENT
COMMISSIONER: This is an appeal against the refusal at Development Application No: 0209/14 for the subdivision of land at 2 Fern Creek Road, Warriewood.
In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to “dispose of the proceedings in accordance with the decision”.
The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders made to give effect to the agreement constitute that document.
In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties.
The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.
…………….
G T Brown
Commissioner of the Court
10466 of 2015 (s34O) 04.06.2015 (6.77 KB, pdf) of 2015 gtb (C) (124 KB, pdf)
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