Carlton Crescent Development Pty Ltd v Inner West Council [2018] NSWLEC 1525

Carlton Crescent Development Pty Ltd v Inner West Council [2018] NSWLEC 1525

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 by orders giving effect to that agreement.

Jurisdiction
Australia
Judgment Date
08 October 2018
Procedural Posture
Class 1 Development Application Appeal Concerning a Modification Application / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was allowed and modification application DA/2016/67.2 was approved subject to conditions.
Legal Topics
['development Application' 'modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs']
['planning and Environment Law'] ['development Application' 'modification Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal Concerning a Modification Application / Final Orders Following Conciliation Conference Agreement 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 Applicant should be granted leave to rely on amended plans and the modification application approved subject to 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 by orders giving effect to that agreement.

Court Disposition

The appeal was allowed and modification application DA/2016/67.2 was approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on the amended plans dated 26 September 2018 (as referred to in condition 1 of Annexure "A") for the purpose of the development application.' 'The appeal is allowed.' 'Modification application DA/2016/67.2 seeking to modify development consent DA 10.2016.67.1 for the...