Tims v Inner West Council [2020] NSWLEC 1482

Tims v Inner West Council [2020] NSWLEC 1482

Where parties have agreed to terms modifying a development control order and those terms are within the Court’s power, the Court will order disposal of the proceedings accordingly under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
15 October 2020
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld and development control order modified by agreement of the parties
Legal Topics
['development Control Orders' 'appeal Process' 'modification of Orders']
['planning and Environment Law'] ['development Control Orders' 'appeal Process' 'modification of Orders']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the Development Control Order issued by Inner West Council should be upheld or modified' "Whether the parties' agreed terms could be validly ordered by the Court"]

Ratio Decidendi

Where parties have agreed to terms modifying a development control order and those terms are within the Court’s power, the Court will order disposal of the proceedings accordingly under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld and development control order modified by agreement of the parties

Orders

  • ['The appeal is upheld.' 'The Development Control Order dated 16 June 2020 is modified to require the Applicants to complete works in accordance with Annexure A, with screening louvres to be timber and blades overlapping to prevent direct line of sight to windows from a horizontal plane at the same height as the...