888 New Canterbury Road Pty Ltd v Inner West Council [2016] NSWLEC 1649

888 New Canterbury Road Pty Ltd v Inner West Council [2016] NSWLEC 1649

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; the proceedings were therefore disposed of in accordance with the agreed orders without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
Class 1 Appeals Under S 97(1)(a) of the Environmental Planning and Assessment Act 1979 Against Refusal of Modification Applications Da/201400477.01 and Da/201400477.02 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeals upheld; modification applications DA201400477.01 and DA201400477.02 approved; each party to pay its own costs.
Legal Topics
['development Application Modification' 'development Consent Conditions' 'conciliation Conference' 'agreement Between Parties Under S 34(3)' 'undergrounding of Power' 'electrical Substation']
['planning and Environment Law'] ['development Application Modification' 'development Consent Conditions' 'conciliation Conference' 'agreement Between Parties Under S 34(3)' 'undergrounding of Power' 'electrical Substation']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeals Under S 97(1)(a) of the Environmental Planning and Assessment Act 1979 Against Refusal of Modification Applications Da/201400477.01 and Da/201400477.02 / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ["Whether orders should be made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Modification Application No. DA201400477.01 should be approved for amendment of conditions 120 and 150 relating to overhead power cabling.' 'Whether Modification Application No. DA201400477.02 should be approved for relocation of the substation within the existing building facade.']

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; the proceedings were therefore disposed of in accordance with the agreed orders without a merit assessment of the issues originally in dispute.

Court Disposition

Appeals upheld; modification applications DA201400477.01 and DA201400477.02 approved; each party to pay its own costs.

Orders

  • ['In relation to appeal 2016/223874, the appeal is upheld.' 'Modification Application No. DA201400477.01 for the amendment of conditions 120 and 150 relating to overhead power cabling is approved subject to the modified conditions contained in Annexure "A".' 'As a consequence of order 2(b) and the modifications to...