Giovanna Fragomeli v Inner West Council [2017] NSWLEC 1697

Giovanna Fragomeli v Inner West Council [2017] NSWLEC 1697

The agreement reached between the parties at or after the conciliation conference was acceptable and could have been made by the Court in the proper exercise of its functions, thus requiring the Court to dispose of the proceedings in accordance with the agreement and make orders reflecting the parties' terms.

Parties
Applicant: Giovanna Fragomeli; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
07 December 2017
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld. Application to modify development consent approved. Applicant to pay respondent’s costs thrown away.
Legal Topics
Development Application, Modification of Development Consent, Conciliation Conference, Costs
Planning and Environment Development Application Modification of Development Consent Conciliation Conference Costs

Case Brief

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Parties

Giovanna Fragomeli

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether an agreement reached at conciliation conference under s34(3) Land and Environment Court Act can be disposed of by the Court
  2. 2 Whether the development consent modification should be approved

Ratio Decidendi

The agreement reached between the parties at or after the conciliation conference was acceptable and could have been made by the Court in the proper exercise of its functions, thus requiring the Court to dispose of the proceedings in accordance with the agreement and make orders reflecting the parties' terms.

Court Disposition

Appeal upheld. Application to modify development consent approved. Applicant to pay respondent’s costs thrown away.

Orders

  • Appeal upheld.
  • Section 96 application number M/2017/75 to modify Development Consent No. D/2015/421 for demolition of existing dwelling and construction of two (2) new two storey dwellings at 110 Hubert Street, Lilyfield being Lot 18 & 19, Sec 19 DP 1162 is determined by approving the modifications as set out in 'Annexure A'.