Mazzeo v Inner West Council [2018] NSWLEC 1142

Mazzeo v Inner West Council [2018] NSWLEC 1142

Where parties reach an agreement at or after a conciliation conference under s 34(3) and the Court is satisfied the decision could be made in proper exercise of its functions, the Court must give effect to that agreement by making orders in the terms agreed.

Parties
Applicant: Catherine Mazzeo; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
21 March 2018
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; orders made by agreement under s 34(3) Land and Environment Court Act 1979
Legal Topics
Development Application, Modification of Development Consent, Conciliation Conference
Planning and Environment Development Application Modification of Development Consent Conciliation Conference

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Catherine Mazzeo

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the applicant's section 96 application to modify Development Consent No. D/2012/499 should be approved

Ratio Decidendi

Where parties reach an agreement at or after a conciliation conference under s 34(3) and the Court is satisfied the decision could be made in proper exercise of its functions, the Court must give effect to that agreement by making orders in the terms agreed.

Court Disposition

Appeal upheld; orders made by agreement under s 34(3) Land and Environment Court Act 1979

Orders

  • The Applicant is granted leave to rely on amended plans
  • The Appeal is upheld