David Hannan v Inner West Council [2018] NSWLEC 1055

David Hannan v Inner West Council [2018] NSWLEC 1055

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 proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
12 February 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. D/2016/429 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'alterations and Additions to Existing Dwelling']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'alterations and Additions to Existing Dwelling']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application No. D/2016/429 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Development Application No. D/2016/429 and to rely upon the amended plans and documents listed in Annexure "A".' 'The appeal in respect of the property known as 4 Broderick Street, Balmain or Lot 2 in Deposited Plan 1031094, is upheld.' 'Development Application No....