Alexander Milios v Inner West Council [2016] NSWLEC 1637

Alexander Milios v Inner West Council [2016] NSWLEC 1637

Where the parties reach agreement at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner is satisfied that the agreed outcome is one that the Court could have made, the Court must formalise that agreement as the order of the Court.

Jurisdiction
Australia
Judgment Date
23 December 2016
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders
Outcome
appeal upheld; development consent granted; costs ordered
Legal Topics
['development Application' 'conciliation Conference' 'development Consent' 'appeal']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'development Consent' 'appeal']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether agreement reached at conciliation conference is acceptable and can be made the order of the Court under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Where the parties reach agreement at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner is satisfied that the agreed outcome is one that the Court could have made, the Court must formalise that agreement as the order of the Court.

Court Disposition

appeal upheld; development consent granted; costs ordered

Orders

  • ['Leave is granted to the Applicant to rely on the specified amended plans prepared by KVMZV Architecture.' "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $1,500.00 upon execution of this Agreement." 'The appeal is upheld.'...