Daniel Younan & Associates v Inner West Council [2016] NSWLEC 1398

Daniel Younan & Associates v Inner West Council [2016] NSWLEC 1398

The appeal was upheld and the modification application was approved because an agreement was reached between the parties at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the Court could have made the decision in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
16 August 2016
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification application approved
Legal Topics
['modification of Development Consent' 'demolition and Construction' 'mixed Use Development' 'conciliation Conference']
['planning and Environment'] ['modification of Development Consent' 'demolition and Construction' 'mixed Use Development' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the modification application to the development consent should be approved']

Ratio Decidendi

The appeal was upheld and the modification application was approved because an agreement was reached between the parties at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied that the Court could have made the decision in the proper exercise of its functions.

Court Disposition

Appeal upheld; modification application approved

Orders

  • ['The appeal is upheld.' 'Modification Application No. 10.2015.029.1 to modify Development Consent No. 10.2015.029 is approved as set out in the consolidated conditions of consent at Annexure "A".']