Chandos House Pty Ltd v Inner West Council [2018] NSWLEC 1136

Chandos House Pty Ltd v Inner West Council [2018] NSWLEC 1136

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 was required to dispose of the proceedings in accordance with that decision and set out the agreed orders in writing.

Jurisdiction
Australia
Judgment Date
16 March 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; Development Application DA 17.2016/341 approved subject to conditions; applicant ordered to pay respondent's costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'boarding House' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'boarding House' 'costs Thrown Away']

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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 could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application DA 17.2016/341 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 Court was required to dispose of the proceedings in accordance with that decision and set out the agreed orders in writing.

Court Disposition

Appeal upheld; Development Application DA 17.2016/341 approved subject to conditions; applicant ordered to pay respondent's costs thrown away.

Orders

  • ['The applicant is granted leave to rely upon the plans and documents referred to in general condition A1 to Annexure "A".' 'The appeal is upheld.' 'Development Application DA 17.2016/341 for demolition of existing structures and construction of a four storey boarding house containing 29 boarding rooms and basement...