Daniel Thompson v Inner West Council [2017] NSWLEC 1331

Daniel Thompson v Inner West Council [2017] NSWLEC 1331

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; no order as to costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ['Whether an agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; no order as to costs.

Orders

  • ['Leave is granted to rely upon the amended plans dated 26 May 2017 as set out in condition A(1) of Annexure A.' 'The appeal is upheld.' 'Development application No. DA 10.2016.148.1 for a second driveway crossing, new driveway, improvements to existing driveway, carport, installation of electric gates, painting of...