Antonio Campos v Inner West Council [2017] NSWLEC 1071

Antonio Campos v Inner West Council [2017] NSWLEC 1071

Because the parties reached 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 proceedings were disposed of in accordance with that agreement without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
20 February 2017
Procedural Posture
Class 1 Proceedings Concerning Development Application No. D/2016/331 / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties Under S 34(3)' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties Under S 34(3)' 'development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Proceedings Concerning Development Application No. D/2016/331 / Orders Made Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether an agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to the parties.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

Ratio Decidendi

Because the parties reached 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 proceedings were disposed of in accordance with that agreement without a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon amended plans referred to in Condition 1 of Part B of the conditions of consent annexed hereto and marked "Annexure A".' "The Applicant is to pay the Respondent's costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979, as agreed...