Anupam Das & Anor v Inner West Council [2017] NSWLEC 1609

Anupam Das & Anor v Inner West Council [2017] NSWLEC 1609

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 decision by making the agreed orders.

Jurisdiction
Australia
Judgment Date
31 October 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Agreement at or After a Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Development Application No. D/2017/78, as amended, was approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Agreement at or After a Conciliation Conference 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 that the Court could have made in the proper exercise of its functions.' 'Whether Development Application No. D/2017/78, as amended, should be 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 Court was required to dispose of the proceedings in accordance with that decision by making the agreed orders.

Court Disposition

The appeal was upheld and Development Application No. D/2017/78, as amended, was approved subject to conditions.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. D/2017/78 and to rely upon the amended plans and documents behind Annexure "A".' 'Development Application No. D/2017/78 (as amended) for alterations and additions to the existing dwelling including a new first floor level...