Cosco v Inner West Council. [2016] NSWLEC 1451

Cosco v Inner West Council. [2016] NSWLEC 1451

Because 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 have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement by making the agreed orders.

Jurisdiction
Australia
Judgment Date
29 September 2016
Procedural Posture
Class 1 Appeal Concerning Modification of Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved by agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Environment Law'] ['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Concerning Modification of Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement as to the terms of a decision following a conciliation conference should be given effect under s 34(3) of the Land and Environment Court Act 1979." 'Whether Application M/2016/26 under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. D/2014/495 should be approved.']

Ratio Decidendi

Because 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 have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement by making the agreed orders.

Court Disposition

Appeal upheld; modification application approved by agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The appeal is upheld.' 'The Application M/2016/26 made by the Applicant to the Respondent on 2 February 2016 under Section 96(2) of the Environmental Planning and Assessment Act 1979 to modify Development Consent No. D/2014/495 for "Demolition and construction of a new dwelling and garage" on the land known as 34...