Environa Studio v Inner West Council [2017] NSWLEC 1185

Environa Studio v Inner West Council [2017] NSWLEC 1185

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 agreed decision and make the corresponding orders.

Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions; applicant ordered to pay respondent's agreed costs thrown away.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 agreed decision and make the corresponding orders.

Court Disposition

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

Orders

  • ['The Applicant is granted leave to amend its development application to apply to land known as 122 Crystal Street, Petersham.' 'The Applicant is granted leave to amend its application to seek removal of 3 trees on 122 Crystal Street, Petersham being T11 (Poplar), T12 (Rose Apple) and T13 (Loquat Tree) as shown on...