Wells v Inner West Council [2019] NSWLEC 1324

Wells v Inner West Council [2019] NSWLEC 1324

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions and that the preconditions to granting consent had been met; therefore the Court was required to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
10 July 2019
Procedural Posture
Class 1 Appeal Against Refusal of Development Application D/2018/319 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; no order as to costs.
Legal Topics
['development Application' 'garage Construction' 'off Street Parking' 'heritage' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment' 'development Consent' 'land and Environment Court Procedure'] ['development Application' 'garage Construction' 'off Street Parking' 'heritage' 'conciliation Conference' 'agreement Between Parties']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of Development Application D/2018/319 Under S 8.7 of the Environmental Planning and Assessment Act 1979 / Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreed decision granting development consent was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.' 'Whether the preconditions to granting consent for the development application had been met.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the agreed decision was one the Court could make in the proper exercise of its functions and that the preconditions to granting consent had been met; therefore the Court was required to dispose of the proceedings in accordance with the parties' decision by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; no order as to costs.

Orders

  • ['The Applicant is granted leave to rely on the following amended drawings and documents for the purpose of the development application: MD06 & MD07 dated June 2018 prepared by Connor & Solomon; MD12 & MD13 dated June 2019 prepared by Connor & Solomon; DA06, DA07, DA12 & DA 14 dated June 2018 prepared by Connor &...