Sweeney v Inner West Council [2017] NSWLEC 1057

The proceedings must be disposed of according to the agreement reached by the parties under s 34(3) as the Commissioner was satisfied the decision was within the Court’s power.

Jurisdiction: Australia
Judgment Date: 10 February 2017
Procedural Posture: Class 1 / Conciliation Conference; Final Orders
Outcome: Appeal upheld; modification application approved subject to conditions
Legal Topics: ['modification Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3)']

['planning and Environment'] ['modification Application' 'conciliation Conference' 'agreement Between Parties' 'orders Under S 34(3)']

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Procedural Posture

Class 1 / Conciliation Conference; Final Orders

Legal Issues

1 ['Whether the modification application for the incorporation of an additional level to the existing building should be approved by agreement under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The proceedings must be disposed of according to the agreement reached by the parties under s 34(3) as the Commissioner was satisfied the decision was within the Court’s power.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

['The appeal is upheld.' "Modification Application No. M/2016/173 for the incorporation of an additional level to the existing building at Lot B of Deposited Plan 3360506, known as 435-437 Parramatta Road, Leichhardt, is approved subject to the consolidated conditions of consent at Annexure 'A'." "Development...