G & G Holdings Group Pty Ltd v Inner West Council [2018] NSWLEC 1321

G & G Holdings Group Pty Ltd v Inner West Council [2018] NSWLEC 1321

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 orders giving effect to it.

Jurisdiction
Australia
Judgment Date
27 June 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; clause 4.6 request upheld; development application approved subject to conditions; applicant ordered to pay Council's costs thrown away.
Legal Topics
['deemed Refusal' 'conciliation Conference' 'subdivision' 'dwelling House Development' 'clause 4.6 Variation' 'floor Space Ratio']
['planning and Environment' 'development Applications'] ['deemed Refusal' 'conciliation Conference' 'subdivision' 'dwelling House Development' 'clause 4.6 Variation' 'floor Space Ratio']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development 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 parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

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 orders giving effect to it.

Court Disposition

Appeal upheld; clause 4.6 request upheld; development application approved subject to conditions; applicant ordered to pay Council's costs thrown away.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA201700421 and to rely upon the amended plans and documents identified in Annexure A.' 'The appeal is upheld.' "The Applicant's clause 4.6 request, prepared by ABC Planning Pty Ltd and dated June 2018, for variation of the Floor Space Ratio...