Chelzi Pty Ltd v Inner West Council [2018] NSWLEC 1338

Chelzi Pty Ltd v Inner West Council [2018] NSWLEC 1338

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 Development Application No. D/2017/33 subject to conditions.

Jurisdiction
Australia
Judgment Date
05 July 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 No. D/2017/33 determined by approval subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']

Case Brief

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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 an agreement under s 34(3) of the Land and Environment Court Act 1979 had been reached between the parties as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

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 Development Application No. D/2017/33 subject to conditions.

Court Disposition

Appeal upheld; Development Application No. D/2017/33 determined by approval subject to conditions.

Orders

  • ['The Applicant is granted leave to rely on amended plans as set out in "Annexure A";' 'The Appeal is upheld;' 'Development Application No. D/2017/33, for alterations and additions to the rear of the existing dwelling with a single car space at grade, and associated works including a swimming pool, a 1000L rainwater...