Gebrayel Developments Pty Ltd v Inner West Council [2017] NSWLEC 1382

Gebrayel Developments Pty Ltd v Inner West Council [2017] NSWLEC 1382

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 proceedings were disposed of in accordance with that agreement, the appeal was upheld and the development application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
19 July 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application DA201700013 approved subject to the conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'amendment of Development Application' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'amendment of Development Application' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders disposing of the proceedings.' 'Whether the Applicant should be given leave to amend the development application and rely on amended plans.']

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 proceedings were disposed of in accordance with that agreement, the appeal was upheld and the development application was approved subject to conditions.

Court Disposition

Appeal upheld; development application DA201700013 approved subject to the conditions in Annexure A.

Orders

  • ['The Applicant is given leave to amend the development application and rely upon the plans listed in the orders, prepared by BKA Architecture and issued 23/5/17.' 'The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the...