Hatziplis Holdings Pty Ltd v Inner West Council [2018] NSWLEC 1528

Hatziplis Holdings Pty Ltd v Inner West Council [2018] NSWLEC 1528

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 Court was required to dispose of the proceedings in accordance with that agreement and made final orders giving effect to it.

Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Class 1 Development Application Proceedings / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application No. DA201700349, as amended, is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'clause 4.6 Variation' 'costs']
['planning and Environment' 'development Consent'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'clause 4.6 Variation' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

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 Court was required to dispose of the proceedings in accordance with that agreement and made final orders giving effect to it.

Court Disposition

The appeal is upheld and Development Application No. DA201700349, as amended, is approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA201700349 and to rely upon the amended plans and documents listed in the orders.' "Within 28 days of the date of the Orders, the Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment...