Kamerman v Inner West Council [2017] NSWLEC 1574

Kamerman v Inner West Council [2017] NSWLEC 1574

The court made final orders to give effect to an agreement reached between the parties at conciliation under s 34(3), being satisfied the Court could have made such decision in exercise of its functions.

Jurisdiction
Australia
Judgment Date
13 October 2017
Procedural Posture
Development Application Appeal / Post Conciliation Agreement and Final Orders
Outcome
Appeal upheld by consent with specific orders
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning Law' 'environmental Law'] ['development Application' 'conciliation Conference' 'consent Orders']

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Procedural Posture

Development Application Appeal / Post Conciliation Agreement and Final Orders

Legal Issues

  1. 1 ["Whether the agreement reached at conciliation conference is within the Court's jurisdiction under s 34(3) of the Land and Environment Court Act 1979"]

Ratio Decidendi

The court made final orders to give effect to an agreement reached between the parties at conciliation under s 34(3), being satisfied the Court could have made such decision in exercise of its functions.

Court Disposition

Appeal upheld by consent with specific orders

Orders

  • ['The Appeal is upheld.' 'Leave is granted to the Applicant to rely upon the amended plans produced for purposes of conciliation as amended during the conciliation process.' 'Development Application number D/2017/79 for alterations and additions to the existing dwelling and ancillary development at 69 Ryan Street,...