Balvest One Pty Limited v Inner West Council [2016] NSWLEC 1396

Balvest One Pty Limited v Inner West Council [2016] NSWLEC 1396

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after a conciliation conference, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
26 August 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; Respondent directed to issue a building certificate under s149A of the Environmental Planning and Assessment Act 1979 for specified works at 13 Dover Street, Summer Hill, subject to preconditions.
Legal Topics
['modification of Development Consent' 'building Certificate' 'conciliation Conference' 'consent Orders' 'land and Environment Court Class 1 Proceedings']
['planning and Environment Law'] ['modification of Development Consent' 'building Certificate' 'conciliation Conference' 'consent Orders' 'land and Environment Court Class 1 Proceedings']

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 Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Respondent should be directed to issue a building certificate under s149A of the Environmental Planning and Assessment Act 1979 for specified works, subject to preconditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 at or after a conciliation conference, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; therefore the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Respondent directed to issue a building certificate under s149A of the Environmental Planning and Assessment Act 1979 for specified works at 13 Dover Street, Summer Hill, subject to preconditions.

Orders

  • ['The Appeal is upheld.' 'Subject to Order (3), the Respondent is directed to issue a building certificate under s149A of the Environmental Planning and Assessment Act 1979 for the installed glazed sliding doors to apartments 1, 2 and 3; private courtyard spaces to apartments 2 and 3 including raised timber decking...