Conrad Johnston v Inner West Council [2017] NSWLEC 1650

Conrad Johnston v Inner West Council [2017] NSWLEC 1650

The appeal is disposed of in accordance with the agreement reached between the parties at the conciliation conference, as the decision is one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Conrad Johnston; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
15 November 2017
Procedural Posture
Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld
Legal Topics
Development Application, Heritage Property, Conciliation Conference
Environmental Law Planning Law Development Application Heritage Property Conciliation Conference

Case Brief

Summary, issues, holding and outcome

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Parties

Conrad Johnston

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the development application for alterations and additions to a heritage listed property at 8 Broderick Street, Balmain should be approved

Ratio Decidendi

The appeal is disposed of in accordance with the agreement reached between the parties at the conciliation conference, as the decision is one the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • The applicant is granted leave to rely upon the architectural drawings annexed and marked 'A'.