Filmer Architects Pty Limited v Inner West Council [2017] NSWLEC 1171

Filmer Architects Pty Limited v Inner West Council [2017] NSWLEC 1171

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.

Jurisdiction
Australia
Judgment Date
03 April 2017
Procedural Posture
Class 1 Development Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Modification Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Section 96 modification application DA10.2013.206.2 was approved to modify Development Consent DA10.2013.206.1.
Legal Topics
['development Appeal' 'modification Application' 'boundary Fence' 'heritage Conservation Area' 'conciliation Conference' 'agreement Under S 34(3)']
['planning and Environment Law'] ['development Appeal' 'modification Application' 'boundary Fence' 'heritage Conservation Area' 'conciliation Conference' 'agreement Under S 34(3)']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of a Modification Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the modification application for retention of the boundary fence should be approved on agreed terms.']

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.

Court Disposition

The appeal was upheld and Section 96 modification application DA10.2013.206.2 was approved to modify Development Consent DA10.2013.206.1.

Orders

  • ['The Applicant is given leave to amend the development application by substituting DA02 Revision F dated 29 March 2017 prepared by Filmer Architects Pty Limited as the plan relied upon for the purposes of the development application.' 'The appeal is upheld.' 'Section 96 modification application DA10.2013.206.2 is...