DCP Developments Pty Ltd v Inner West Council [2016] NSWLEC 1325

The Court made orders by consent under s 34(3) of the Land and Environment Court Act 1979, disposing of the proceedings in accordance with the parties' agreement.

Jurisdiction: Australia
Judgment Date: 08 August 2016
Procedural Posture: Development Application Appeal / Post Conciliation Conference; Final Orders by Consent
Outcome: Appeal upheld by consent; development application approved with conditions by agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics: ['development Application' 'conciliation Conference' 'section 34 Agreement']

['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

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Procedural Posture

Development Application Appeal / Post Conciliation Conference; Final Orders by Consent

Legal Issues

1 ['Whether the Court should make orders by consent under s 34(3) of the Land and Environment Court Act 1979 following agreement between parties']

Ratio Decidendi

The Court made orders by consent under s 34(3) of the Land and Environment Court Act 1979, disposing of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld by consent; development application approved with conditions by agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

["The applicant is granted leave to amend Development Application DA 2015/00484 in accordance with the plans and documentation set out in condition 3 of the conditions annexed at 'A' to this agreement." 'The appeal is upheld.' "Development Application DA 2015/00484 for the demolition of existing improvements and the...