Scionti v Inner West Council [2018] NSWLEC 1119

Scionti v Inner West Council [2018] NSWLEC 1119

Proceedings were disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, as the decision was one the Court could have made in the proper exercise of its functions.

Parties
Applicant: Alex Scionti; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Class 1 Appeal / Disposition Following Conciliation Conference
Outcome
The appeals are upheld. Development application approved. Building certificate approved. Applicant to pay Respondent's costs of $3,000.
Legal Topics
Development Application, Building Certificate, Remedial Works, Consent Orders
Environmental Law Planning Law Building Certification Development Application Building Certificate Remedial Works Consent Orders

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Parties

Alex Scionti

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted for remedial and restorative works to 80 Darling Street, Balmain
  2. 2 Whether building certificate application for first floor slab and roof slab should be approved

Ratio Decidendi

Proceedings were disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, as the decision was one the Court could have made in the proper exercise of its functions.

Court Disposition

The appeals are upheld. Development application approved. Building certificate approved. Applicant to pay Respondent's costs of $3,000.

Orders

  • Applicant is granted leave to rely on specified amended plans and documents.
  • The appeals are upheld.