Cloverland International Pty Ltd v Inner West Council [2017] NSWLEC 1053

Cloverland International Pty Ltd v Inner West Council [2017] NSWLEC 1053

The parties reached an agreement at or after a conciliation conference that was acceptable and capable of being made by the Court, and the Court is required to dispose of proceedings in accordance with that agreement and set out the terms of the decision in writing.

Jurisdiction
Australia
Judgment Date
10 February 2017
Procedural Posture
Development Application Appeal / Post Conciliation Conference Agreement and Orders
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's agreed costs
Legal Topics
['development Applications' 'conciliation Conference' 'agreed Orders']
['planning and Environment Law'] ['development Applications' 'conciliation Conference' 'agreed Orders']

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 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Development Application Appeal / Post Conciliation Conference Agreement and Orders

Legal Issues

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 can be given effect by the Court' 'Whether the proposed development should be granted consent']

Ratio Decidendi

The parties reached an agreement at or after a conciliation conference that was acceptable and capable of being made by the Court, and the Court is required to dispose of proceedings in accordance with that agreement and set out the terms of the decision in writing.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay respondent's agreed costs

Orders

  • ["Leave is granted to the Applicant to rely on the plans listed in condition 1 of Annexure 'A'." "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $4,500.00 upon execution of this agreement." 'The appeal is upheld.' "Development...