Grant Crowle v Inner West Council [2016] NSWLEC 1463

Grant Crowle v Inner West Council [2016] NSWLEC 1463

Once the Commissioner was satisfied that the parties' agreement under s 34(3) Land and Environment Court Act 1979 was acceptable and within the Court's proper exercise of functions, the proceedings were required to be disposed in accordance with that agreement by making the corresponding orders.

Jurisdiction
Australia
Judgment Date
07 October 2016
Procedural Posture
Modification of Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld, application to modify development consent approved as per agreement.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreement Under S 34(3) Land and Environment Court Act 1979']
['environmental Law' 'planning Law'] ['modification of Development Consent' 'conciliation Conference' 'agreement Under S 34(3) Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Modification of Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ["Whether an agreement under s 34(3) Land and Environment Court Act 1979 as to modification of development consent should be disposed in accordance with the parties' decision"]

Ratio Decidendi

Once the Commissioner was satisfied that the parties' agreement under s 34(3) Land and Environment Court Act 1979 was acceptable and within the Court's proper exercise of functions, the proceedings were required to be disposed in accordance with that agreement by making the corresponding orders.

Court Disposition

Appeal upheld, application to modify development consent approved as per agreement.

Orders

  • ['The Appeal is upheld.' 'Section 96(2) application no. M/2016/77 lodged with the Respondent on 21 April 2016 to modify Development Consent No. DAREV/2015/14 for alterations and additions to the existing dwelling at 64 Campbell Street, Balmain is determined by approving the modifications as set out in Annexure A.'...