Zagoridis and Bowen v Inner West Council [2018] NSWLEC 1460

Zagoridis and Bowen v Inner West Council [2018] NSWLEC 1460

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 make the final orders giving effect to it.

Jurisdiction
Australia
Judgment Date
28 August 2018
Procedural Posture
Class 1 Development Application Appeal / 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 consent is granted to DA201700519 subject to conditions at Annexure "A".
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'costs']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between Parties' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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.']

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 make the final orders giving effect to it.

Court Disposition

The appeal is upheld and development consent is granted to DA201700519 subject to conditions at Annexure "A".

Orders

  • ['Leave is granted to the Applicant to rely on the amended architectural plans DA-01 to DA-07, Revision G, prepared by Nexus Architecture and dated 27-08-18.' "Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed of $1,500.00 upon...