Equity Site Holdings Pty Ltd v Inner West Council [2016] NSWLEC 1585

Equity Site Holdings Pty Ltd v Inner West Council [2016] NSWLEC 1585

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 therefore disposed of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No.da201600172 / Decision Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to DA201600172 subject to the conditions at Annexure "A".
Legal Topics
['development Application' 'demolition of Existing Improvements' 'mixed Commercial/residential Development' 'basement Parking' 'strata Subdivision' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment' 'development Consent'] ['development Application' 'demolition of Existing Improvements' 'mixed Commercial/residential Development' 'basement Parking' 'strata Subdivision' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No.da201600172 / Decision Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether orders should be made to give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether development consent should be granted for demolition of existing structures and construction of a shop top housing development with basement parking and strata subdivision at 110-112 Addison Road, Marrickville']

Ratio Decidendi

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 therefore disposed of the proceedings in accordance with that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to DA201600172 subject to the conditions at Annexure "A".

Orders

  • ['Leave is granted to the Applicant to rely on the amended plans listed in order 5(1).' "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $4,000.00 upon execution of this Agreement." 'The appeal is upheld.' 'Development consent is...