Jones v Inner West Council [2017] NSWLEC 1477

Jones v Inner West Council [2017] NSWLEC 1477

As the parties reached a lawful agreement under s 34(3) and the Commissioner was satisfied it could be made by the Court, the proceedings were disposed of by making orders in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
01 September 2017
Procedural Posture
Appeal / Conciliation Conference; Final Orders Following Agreement
Outcome
Appeal upheld by agreement; development application approved subject to conditions
Legal Topics
['development Application' 'appeal' 'conciliation Conference' 'approval Conditions']
['planning and Development'] ['development Application' 'appeal' 'conciliation Conference' 'approval Conditions']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference; Final Orders Following Agreement

Legal Issues

  1. 1 ['Whether the proposed additional level to the townhouse should be approved' 'Whether agreement between parties under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the Court']

Ratio Decidendi

As the parties reached a lawful agreement under s 34(3) and the Commissioner was satisfied it could be made by the Court, the proceedings were disposed of by making orders in accordance with that agreement.

Court Disposition

Appeal upheld by agreement; development application approved subject to conditions

Orders

  • ['The appeal in respect of the property known as 3 Simmons St, Balmain or Lot 2 SP 11609, is upheld.' "Development application with the Council's reference D/2016/465 for the addition of a level to an existing townhouse is approved subject to the conditions contained in Annexure 'A' hereto."]