Conca D'Oro Lounge Pty Ltd v Inner West Council [2018] NSWLEC 1596

Conca D'Oro Lounge Pty Ltd v Inner West Council [2018] NSWLEC 1596

The Court was satisfied that the agreed decision to approve (with conditions) the amended development application was one that could properly be made, as the proposal is permissible in the relevant zones, has required owner's consent, and does not include the foreshore area where such use would not be permitted.

Jurisdiction
Australia
Judgment Date
16 November 2018
Procedural Posture
Appeal Development Application Refusal / Conciliation Conference Agreement Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered to respondent
Legal Topics
['development Application' 'outdoor Seating for Café Use' 'appeal Against Council Refusal' 'conciliation Conference' 'consent Orders']
['planning and Environment Law'] ['development Application' 'outdoor Seating for Café Use' 'appeal Against Council Refusal' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Appeal Development Application Refusal / Conciliation Conference Agreement Final Orders

Legal Issues

  1. 1 ['Whether the amended development application for café use (excluding foreshore area) should be approved subject to conditions' 'Whether the agreement reached between parties is one the Court can make in the proper exercise of its functions']

Ratio Decidendi

The Court was satisfied that the agreed decision to approve (with conditions) the amended development application was one that could properly be made, as the proposal is permissible in the relevant zones, has required owner's consent, and does not include the foreshore area where such use would not be permitted.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered to respondent

Orders

  • ['Appeal upheld' "Development application number D/2017/285 for café use (excluding foreshore area) at Le Montage approved subject to conditions in Annexure 'A'" 'Applicant to pay respondent costs of $1,000.00 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW)']