Craig Day & Katherine Jude v Inner West Council [2017] NSWLEC 1398

Craig Day & Katherine Jude v Inner West Council [2017] NSWLEC 1398

The Court upheld the appeal and approved the modification to the development consent in accordance with the agreement reached between the parties, as it was satisfied that the agreement was one the Court could have made under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
28 July 2017
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Appeal upheld; modification to development consent approved as per agreement between the parties.
Legal Topics
['development Application' 'conciliation Conference' 'section 96 Modification' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'section 96 Modification' 'development Consent']

Case Brief

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Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether an agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision was acceptable and could be disposed of accordingly.' 'Whether the Court was satisfied the decision was one it could have made in proper exercise of its functions under s 34(3) of the Act.']

Ratio Decidendi

The Court upheld the appeal and approved the modification to the development consent in accordance with the agreement reached between the parties, as it was satisfied that the agreement was one the Court could have made under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; modification to development consent approved as per agreement between the parties.

Orders

  • ['The Appeal is upheld.' 'Section 96 application number M/2017/45 to modify Development Consent No. DA/2016/549 at 64 Evans Street, Rozelle is approved as set out in Annexure A.' 'Development Consent No. DA/2016/549 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.']