CD Architects v Inner West Council [2018] NSWLEC 1459

CD Architects v Inner West Council [2018] NSWLEC 1459

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 in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
29 August 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld and Development Application DA201700180 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'boarding House Development' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'boarding House Development' 'costs']

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Procedural Posture

Class 1 Development Application Appeal / 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 Development Application DA201700180 should be approved subject to agreed 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 in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld and Development Application DA201700180 approved subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 1 of the conditions set out in Annexure A.' "The appeal is upheld and Development Application DA201700180, for the demolition of the existing building and construction of a boarding house development containing 24...