Frangieh & anor v Inner West Council [2016] NSWLEC 1472

Frangieh & anor v Inner West Council [2016] NSWLEC 1472

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 approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
13 September 2016
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
Appeal upheld; Development Application D/2016/126 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation' 'costs Under S 97 B of the Environmental Planning and Assessment Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'clause 4.6 Variation' 'costs Under S 97 B of the Environmental Planning and Assessment Act 1979']

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' agreement under s 34(3) of the Land and Environment Court Act 1979 could be given effect by orders of the Court." "Whether Development Application D/2016/126 should be approved subject to conditions pursuant to the parties' agreement."]

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 approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application D/2016/126 approved subject to conditions.

Orders

  • ["The Applicant is granted leave to rely upon the amended plans and documentation as referred to in Condition 1 of Annexure 'A' annexed hereto;" 'The cl 4.6 variation to cl 4.4(2) of Leichhardt Environmental Plan 2013 prepared by Think Planners Pty Ltd is agreed by the parties to be well founded and is upheld;' 'The...