Cowan v Inner West Council [2017] NSWLEC 1696

Cowan v Inner West Council [2017] NSWLEC 1696

The parties reached an agreement at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 as to terms acceptable to both; the Court, being satisfied it could have made the decision in the proper exercise of its functions, ordered the proceedings disposed of in accordance with that agreement, upholding the appeal and granting consent to the development subject to specified conditions.

Jurisdiction
Australia
Judgment Date
04 December 2017
Procedural Posture
Class 1 Appeal / Disposition Following Conciliation Conference
Outcome
Appeal upheld by consent
Legal Topics
['development Application' 'heritage' 'landscaped Area Variation' 'floor Space Ratio Variation' 'strata Subdivision']
['planning and Environment'] ['development Application' 'heritage' 'landscaped Area Variation' 'floor Space Ratio Variation' 'strata Subdivision']

Case Brief

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Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the refusal of the development application should be set aside in light of agreement reached at conciliation conference' 'Whether consent should be granted for the proposed works at 31 Cameron Street, Birchgrove, including partial demolition, construction of residential dwellings and related alterations']

Ratio Decidendi

The parties reached an agreement at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 as to terms acceptable to both; the Court, being satisfied it could have made the decision in the proper exercise of its functions, ordered the proceedings disposed of in accordance with that agreement, upholding the appeal and granting consent to the development subject to specified conditions.

Court Disposition

Appeal upheld by consent

Orders

  • ['The appeal is upheld.' 'The Applicant may rely on listed amended materials.' "Applicant's written requests to vary landscaped area and floor space ratio are upheld." "Applicant to pay Respondent's costs under s 97B as agreed or assessed." 'Development consent granted to application D/2016/391 for partial...