14 McGill Street Lewisham Pty Ltd v Inner West Council [2016] NSWLEC 1656

14 McGill Street Lewisham Pty Ltd v Inner West Council [2016] NSWLEC 1656

As an agreement had been reached under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied the decision was one the Court could properly make, the Court disposed of the proceedings and made orders in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
09 December 2016
Procedural Posture
Development Application (class 1) Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved subject to conditions.
Legal Topics
['development Application' 'modification Application' 'conciliation' 'costs']
['planning and Environment'] ['development Application' 'modification Application' 'conciliation' 'costs']

Case Brief

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Procedural Posture

Development Application (class 1) Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 was reached on acceptable terms' 'Whether the decision is one the Court could have made in proper exercise of its functions']

Ratio Decidendi

As an agreement had been reached under s 34(3) of the Land and Environment Court Act 1979 and the presiding Commissioner was satisfied the decision was one the Court could properly make, the Court disposed of the proceedings and made orders in accordance with that agreement.

Court Disposition

Appeal upheld; modification application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend the section 96 modification application by substituting the listed amended plans and documents.' "The Applicant is to pay those costs of the Respondent 'thrown away' as agreed or assessed as a result of amending the development application pursuant to section 97B(2) of the...