Aydan Two Pty Ltd v Inner West Council [2020] NSWLEC 1122

Aydan Two Pty Ltd v Inner West Council [2020] NSWLEC 1122

As the parties reached agreement at the conciliation conference and the decision is within the power of the Court, development consent for the amended development application is granted.

Parties
Applicant: Aydan Two Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
17 March 2020
Procedural Posture
Appeal / Post Conciliation Conference: Final Judgment
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Appeal Against Deemed Refusal, Conciliation Conference, Development Consent
Environmental Law Planning Law Development Application Appeal Against Deemed Refusal Conciliation Conference Development Consent

Case Brief

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Parties

Aydan Two Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference: Final Judgment

Legal Issues

  1. 1 Whether the development application for alterations and additions to the building at 42-48 John Street, Leichhardt, should be approved

Ratio Decidendi

As the parties reached agreement at the conciliation conference and the decision is within the power of the Court, development consent for the amended development application is granted.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The applicant is granted leave to amend the application to rely on the amended plans listed in condition 3 of the conditions of consent at Annexure A.
  • The appeal is upheld.