Complete Package Australia Pty Limited v Inner West Council [2018] NSWLEC 1294

Complete Package Australia Pty Limited v Inner West Council [2018] NSWLEC 1294

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached, and the Court being satisfied that the decision was one it could make, the proceedings are disposed of in accordance with the agreement; the appeal is upheld and the revised development application is approved subject to conditions.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Appeal / Disposition After Conciliation Conference
Outcome
Appeal upheld. Development application approved as modified. Costs ordered against applicant.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'court Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'court Orders']

Case Brief

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Procedural Posture

Appeal / Disposition After Conciliation Conference

Legal Issues

  1. 1 ['Whether the appeal against the deemed refusal of development application D/2017/400 should be upheld' 'Whether an agreement under s 34(3) of the Land and Environment Court Act 1979 is acceptable and can be made the basis for orders']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 having been reached, and the Court being satisfied that the decision was one it could make, the proceedings are disposed of in accordance with the agreement; the appeal is upheld and the revised development application is approved subject to conditions.

Court Disposition

Appeal upheld. Development application approved as modified. Costs ordered against applicant.

Orders

  • ['The appeal is upheld.' "Development application D/2017/400 lodged on 15 August 2017 as modified by revised plans Sheet KT01/04 dated 20 May 2018 is approved subject to the conditions contained in Annexure 'A'." 'The applicant is to pay the costs of the respondent in the amount of $5,000.00 within 28 days.']