E & R Property Pty Ltd v Inner West Council [2018] NSWLEC 1100

E & R Property Pty Ltd v Inner West Council [2018] NSWLEC 1100

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 Court was required to dispose of the proceedings in accordance with that agreement and made orders upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
28 February 2018
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions of consent in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'floor Space Ratio Development Standard Variation' 'costs Thrown Away by Amended Development Application']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'floor Space Ratio Development Standard Variation' 'costs Thrown Away by Amended Development Application']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Agreement Between the Parties 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 that the Court could have made in the proper exercise of its functions.' "Whether orders should be made giving effect to the parties' agreement, including upholding the clause 4.6 written request and granting development consent."]

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 Court was required to dispose of the proceedings in accordance with that agreement and made orders upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions of consent in Annexure A.

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans set out in Annexure A.' 'The written request to vary the floor space ratio standard set out in "Justification under Clause 4.6 of Leichardt Local Environmental Plan 2013 – Exceptions to Development Standards" prepared by Mersonn Pty Ltd dated December...