Zhou v Inner West Council [2018] NSWLEC 1449

Zhou v Inner West Council [2018] NSWLEC 1449

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 proceedings were disposed of in accordance with the agreed orders.

Jurisdiction
Australia
Judgment Date
24 August 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA201700142 approved subject to conditions; applicants to pay respondent's costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Written Request' 'boarding House Development' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Written Request' 'boarding House Development' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." "Whether the applicants' clause 4.6 written request in relation to the FRS development standard should be upheld and Development Application DA201700142 approved subject to conditions."]

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 proceedings were disposed of in accordance with the agreed orders.

Court Disposition

Appeal upheld; Development Application DA201700142 approved subject to conditions; applicants to pay respondent's costs.

Orders

  • ["The applicant's clause 4.6 written request in relation to the FRS development standard is upheld." "The applicant is granted leave to amend the development application and to rely on the plans listed in condition 1 in Annexure 'A'." 'The Appeal is upheld.' 'Development Application DA201700142 for demolition of...