Schoonbergen v Inner West Council [2017] NSWLEC 1005

Schoonbergen v Inner West Council [2017] NSWLEC 1005

The appeal is upheld and development consent granted per the agreement reached under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions.

Parties
Applicant: Dennis Schoonbergen; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
10 January 2017
Procedural Posture
Appeal (class 1) / Final Decision Following Conciliation Conference
Outcome
Appeal upheld; development consent granted as per agreement and amended plans; applicant to pay specified costs.
Legal Topics
Development Application, Conciliation Conference, Section 34(3) Agreement
Environmental Law Planning Law Development Application Conciliation Conference Section 34(3) Agreement

Case Brief

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Parties

Dennis Schoonbergen

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal (class 1) / Final Decision Following Conciliation Conference

Legal Issues

  1. 1 Whether the appeal should be upheld and development consent granted in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Ratio Decidendi

The appeal is upheld and development consent granted per the agreement reached under s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted as per agreement and amended plans; applicant to pay specified costs.

Orders

  • The Applicant is given leave to amend the development application by substituting specified plans.
  • The Applicant is to pay the costs thrown away as a result of amending the development application pursuant to section 97B of the Environmental Planning and Assessment Act 1979 in the sum of $4,000.00 within 28 days.