Ellis v Inner West Council [2019] NSWLEC 1269

Ellis v Inner West Council [2019] NSWLEC 1269

The parties reached agreement at the conciliation conference on conditional development consent based on amended plans. Because that was a decision the Court could have made in the proper exercise of its functions under s 4.16 of the Environmental Planning and Assessment Act 1979, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
14 June 2019
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Consent Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'deemed Refusal' 'conciliation Conference' 'development Consent' 'amended Plans']
['planning and Environment Law'] ['development Application' 'deemed Refusal' 'conciliation Conference' 'development Consent' 'amended Plans']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Consent Orders

Legal Issues

  1. 1 ['Whether leave should be granted for the Applicant to rely on amended plans and materials.' "Whether the appeal from the Council's deemed refusal of Development Application D/2018/488 should be upheld and conditional development consent granted." "Whether the Court was required to dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

The parties reached agreement at the conciliation conference on conditional development consent based on amended plans. Because that was a decision the Court could have made in the proper exercise of its functions under s 4.16 of the Environmental Planning and Assessment Act 1979, s 34(3) of the Land and Environment Court Act 1979 required the Court to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans and materials listed in paragraph 1 of the conditions set out in Annexure A.' 'The appeal is upheld and development consent is granted for Development Application D/2018/488 for extension to existing roof terrace at 109B Louisa Road, Birchgrove NSW...