Beaini v Inner West Council [2018] NSWLEC 1132

Beaini v Inner West Council [2018] NSWLEC 1132

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 make the agreed orders approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
14 March 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'mixed Use Development' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'mixed Use Development' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement 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 the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

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 make the agreed orders approving the development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay respondent's costs thrown away.

Orders

  • ['The applicant is granted leave to rely upon the amended plans referred to in Condition 1 of Annexure "A".' 'Appeal upheld.' 'Development application DA201700132 for demolition of a single storey dwelling and construction of a 5 storey mixed use development comprising ground floor commercial, boarding house above...