Catania v Inner West Council [2018] NSWLEC 1325

Catania v Inner West Council [2018] NSWLEC 1325

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached, accepted as one the Court could properly make, and required final orders to dispose of the proceedings in line with the agreed terms, including approval of amended plans, costs, and development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
29 June 2018
Procedural Posture
Class 1 / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted; costs ordered.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether development consent should be granted for demolition and new mixed use development at 108-112 Old Canterbury Road, Lewisham' 'Approval of amended architectural and landscape plans' 'Costs agreement under statutory provision']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached, accepted as one the Court could properly make, and required final orders to dispose of the proceedings in line with the agreed terms, including approval of amended plans, costs, and development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted; costs ordered.

Orders

  • ['Leave granted to rely on amended architectural and landscape plans as listed.' "Applicant to pay Respondent's costs agreed at $1,800.00 upon execution of Agreement." 'Appeal upheld.' 'Development consent granted to DA201700552 for demolition of existing buildings, consolidation of lots, and construction of 6...