Freshhope Housing Incorporated v Inner West Council [2020] NSWLEC 1251

Freshhope Housing Incorporated v Inner West Council [2020] NSWLEC 1251

Because the parties' agreed decision to amend the Interim Heritage Order was a decision the Court could have made in the proper exercise of its functions, and the Commissioner was satisfied the identified pre-jurisdictional requirements had been met, s 34(3) of the Land and Environment Court Act 1979 (NSW) required...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 June 2020
Procedural Posture
Class 1 Development Appeal Against the Making of an Interim Heritage Order / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 (nsw); Agreed Orders
Outcome
Appeal upheld; Interim Heritage Order amended.
Legal Topics
['interim Heritage Order' 'heritage Significance' 'conciliation Conference' 'agreement Between Parties' 'development Appeal']
['planning and Environment' 'heritage'] ['interim Heritage Order' 'heritage Significance' 'conciliation Conference' 'agreement Between Parties' 'development Appeal']

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Procedural Posture

Class 1 Development Appeal Against the Making of an Interim Heritage Order / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979 (nsw); Agreed Orders

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreed decision under s 34(3) of the Land and Environment Court Act 1979 (NSW)." 'Whether the agreed amendment to the Interim Heritage Order was a decision that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties' agreed decision to amend the Interim Heritage Order was a decision the Court could have made in the proper exercise of its functions, and the Commissioner was satisfied the identified pre-jurisdictional requirements had been met, s 34(3) of the Land and Environment Court Act 1979 (NSW) required the proceedings to be disposed of in accordance with the parties' decision.

Court Disposition

Appeal upheld; Interim Heritage Order amended.

Orders

  • ['The appeal is upheld.' 'Under Section 25 of the Heritage Act 1977, the Court amends the Interim Heritage Order over 389 Illawarra Road, Marrickville including all structures and the garden (the site).' 'The Interim Heritage Order will lapse upon the occurrence of the earliest of the following: 8 July 2020, unless...