Van der Velden v Inner West Council [2018] NSWLEC 1351

Van der Velden v Inner West Council [2018] NSWLEC 1351

The Court is to dispose of the proceedings by orders reflecting the agreement of the parties as required by s 34(3) of the Land and Environment Court Act 1979, provided the decision is one the Court could have made.

Parties
Applicant: Frances Van der Velden; Applicant: Sebastian Cox; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
10 July 2018
Procedural Posture
Development Application Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld, development application approved subject to conditions; final orders reflect parties' agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
Development Applications, Conciliation Conferences, Agreed Orders
Planning and Environment Development Applications Conciliation Conferences Agreed Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Frances Van der Velden

Applicant

Sebastian Cox

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 Whether an agreement reached at conciliation can be disposed of by orders under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court is to dispose of the proceedings by orders reflecting the agreement of the parties as required by s 34(3) of the Land and Environment Court Act 1979, provided the decision is one the Court could have made.

Court Disposition

Appeal upheld, development application approved subject to conditions; final orders reflect parties' agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • Leave is granted to rely upon specific amended plans as detailed.
  • The Appeal is upheld.