Deborah Barnett v Inner West Council [2017] NSWLEC 1376

Deborah Barnett v Inner West Council [2017] NSWLEC 1376

Pursuant to agreement under s 34(3) of the Land and Environment Court Act 1979, and satisfaction that the resulting decision is within the power of the Court, the application is disposed of by making final orders reflecting the parties' agreement.

Jurisdiction
Australia
Judgment Date
17 July 2017
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld by consent; development application modification approved, subject to conditions.
Legal Topics
['conciliation Conference' 'agreement Between Parties' 'development Application' 'orders']
['planning and Environment'] ['conciliation Conference' 'agreement Between Parties' 'development Application' 'orders']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the development application modification for 4 Fitzroy Avenue, Balmain should be approved pursuant to agreement under s 34(3) of the Land and Environment Court Act 1979.']

Ratio Decidendi

Pursuant to agreement under s 34(3) of the Land and Environment Court Act 1979, and satisfaction that the resulting decision is within the power of the Court, the application is disposed of by making final orders reflecting the parties' agreement.

Court Disposition

Appeal upheld by consent; development application modification approved, subject to conditions.

Orders

  • ['The appeal in respect of 4 Fitzroy Avenue, Balmain or Lot 2 in DP 240015, is upheld.' "Modification application Council reference M/2016/137 for alterations and additions to the existing dwelling is approved subject to the conditions contained in Annexure 'A' hereto."]