Fiona Turner v Inner West Council [2017] NSWLEC 1127

Fiona Turner v Inner West Council [2017] NSWLEC 1127

Orders were made to give effect to the parties' agreement reached at the conciliation conference, as the Court was satisfied that the proposed decision was one it could have made properly under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Fiona Turner; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
13 March 2017
Procedural Posture
Appeal / Post Conciliation Conference Determination
Outcome
Appeal upheld; development consent granted subject to conditions
Legal Topics
Development Application, Conciliation Conference, Section 34 Agreement
Planning and Environment Development Application Conciliation Conference Section 34 Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Fiona Turner

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference Determination

Legal Issues

  1. 1 Whether the conciliation conference resulted in an agreement as to the decision
  2. 2 Whether the Court could have made the agreed decision in the proper exercise of its functions

Ratio Decidendi

Orders were made to give effect to the parties' agreement reached at the conciliation conference, as the Court was satisfied that the proposed decision was one it could have made properly under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted subject to conditions

Orders

  • The Applicant is granted leave to rely upon amended plans referred to in Condition 1 of the conditions of consent annexed hereto and marked 'Annexure A'
  • The Appeal is upheld