Wati v Inner West Council [2018] NSWLEC 1084

Wati v Inner West Council [2018] NSWLEC 1084

An agreement was reached between the parties at or after the conciliation conference and was accepted by the Court as a decision it could have made, requiring orders to give effect to the terms of that agreement under s 34(3) of the Act, including approval of modifications and the upholding of the appeal.

Parties
Applicant: Bijma Wati; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
27 February 2018
Procedural Posture
Development Application (class 1) / Post Conciliation Conference; Final Orders Made
Outcome
Appeal upheld; modifications to development consent approved
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement, Modification of Development Consent
Planning and Environment Development Application Conciliation Conference Section 34 Agreement Modification of Development Consent

Case Brief

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Parties

Bijma Wati

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application (class 1) / Post Conciliation Conference; Final Orders Made

Legal Issues

  1. 1 Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and could be given effect to by the Court
  2. 2 Whether the modifications to the existing development consent could be approved

Ratio Decidendi

An agreement was reached between the parties at or after the conciliation conference and was accepted by the Court as a decision it could have made, requiring orders to give effect to the terms of that agreement under s 34(3) of the Act, including approval of modifications and the upholding of the appeal.

Court Disposition

Appeal upheld; modifications to development consent approved

Orders

  • Section 96 application number M/2017/28 to modify Development Consent No. D/2013/283 is determined by approving the modifications as set out in 'Annexure A'.
  • Appeal upheld.