Applebee 29 Pty Limited v Inner West Council [2018] NSWLEC 1114

Applebee 29 Pty Limited v Inner West Council [2018] NSWLEC 1114

The appeal is upheld and the development application is approved subject to conditions because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 which the Court was satisfied it could have made.

Parties
Applicant: Applebee 29 Pty Limited; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development approval granted with conditions and costs order against applicant
Legal Topics
Development Application, Conciliation Conference, Approval of Amended Plans, Costs Thrown Away
Planning and Environment Development Application Conciliation Conference Approval of Amended Plans Costs Thrown Away

Case Brief

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Parties

Applebee 29 Pty Limited

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether to uphold appeal against the refusal of development application D/2017/00152 for alterations and additions to existing factory building
  2. 2 Whether amended plans should be relied upon
  3. 3 Costs associated with amended plans

Ratio Decidendi

The appeal is upheld and the development application is approved subject to conditions because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 which the Court was satisfied it could have made.

Court Disposition

Appeal upheld; development approval granted with conditions and costs order against applicant

Orders

  • Leave is granted to rely on the amended plans prepared by Candalepas Associates, listed in the judgment.
  • The appeal is upheld.