Sanchez and Anor v Inner West Council [2016] NSWLEC 1388

Sanchez and Anor v Inner West Council [2016] NSWLEC 1388

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 Court disposed of the proceedings in accordance with that agreement, upheld the appeal, and approved the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
24 August 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application D/2016/65 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'clause 4.6 Variation' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'clause 4.6 Variation' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the Court could make the agreed decision in the proper exercise of its functions.' 'Whether the clause 4.6 variations to clause 4.3A(3) and clause 4.4(2) of Leichhardt Local Environmental Plan 2013 should be upheld.']

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 Court disposed of the proceedings in accordance with that agreement, upheld the appeal, and approved the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application D/2016/65 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documentation as referred to in Condition 1 of Annexure "B" annexed hereto.' 'The 4.6 variation to clause 4.3A(3) of Leichhardt Local Environmental Plan 2013 prepared by Greg Boston is agreed by the parties to be well founded and is upheld.' 'The...