Maistry v Inner West Council [2018] NSWLEC 1432

Maistry v Inner West Council [2018] NSWLEC 1432

The matter was resolved by agreement under s 34(3) of the Land and Environment Court Act 1979, with the court satisfied the terms were appropriate and made orders accordingly without making any merit assessment.

Jurisdiction
Australia
Judgment Date
16 August 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']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties']

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 alterations/additions to existing residential flat building']

Ratio Decidendi

The matter was resolved by agreement under s 34(3) of the Land and Environment Court Act 1979, with the court satisfied the terms were appropriate and made orders accordingly without making any merit assessment.

Court Disposition

Appeal upheld; development consent granted; costs ordered

Orders

  • ['Leave is granted to the Applicant to rely on amended architectural plans dated 13/08/2018, prepared by Benedict Design.' "The Applicant is to pay the Respondent's costs agreed of $1,500.00 upon execution of this Agreement." 'The appeal is upheld.' 'Development consent is granted to DA17.2017.168.1 for demolition...