Ashfield 381 Pty Ltd v Inner West Council [2017] NSWLEC 1540

Ashfield 381 Pty Ltd v Inner West Council [2017] NSWLEC 1540

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
21 September 2017
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. Da2016.276 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA2016.276 approved subject to conditions.
Legal Topics
['development Application' 'residential Flat Buildings' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'residential Flat Buildings' 'conciliation Conference' 'consent Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. Da2016.276 / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether orders should be made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. DA2016.276 should be approved subject to agreed conditions.']

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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA2016.276 approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the plans referred to in Condition A(1) of Annexure "A" to this agreement.' 'The Appeal is upheld.' 'Development Application Number DA2016.276 for the demolition of existing structures and construction of two (2) x six (6) storey...