Michael v Inner West Council [2017] NSWLEC 1552

Michael v Inner West Council [2017] NSWLEC 1552

The appeal was upheld and the development application was approved as the parties reached an agreement, which the Commissioner was satisfied the Court could have made, pursuant to s34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
29 September 2017
Procedural Posture
Appeal Against Refusal of Development Application / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved on agreed terms
Legal Topics
['development Application' 'dwelling Alterations and Additions' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment'] ['development Application' 'dwelling Alterations and Additions' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal Against Refusal of Development Application / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether to approve alterations and additions to an existing dwelling following agreement between parties']

Ratio Decidendi

The appeal was upheld and the development application was approved as the parties reached an agreement, which the Commissioner was satisfied the Court could have made, pursuant to s34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved on agreed terms

Orders

  • ['Leave granted to rely on amended plans by Marcellino Architects dated 12 September 2017.' 'Appeal upheld and Development Application D/2017/239 approved subject to conditions set out in Annexure A.' 'Applicant to pay costs of $3,750.00 to Respondent pursuant to s97B of Environmental Planning and Assessment Act...