Nikki Beach One Pty Ltd v Inner West Council [2016] NSWLEC 1372

Nikki Beach One Pty Ltd v Inner West Council [2016] NSWLEC 1372

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 that agreement by upholding the appeal and approving Development Application D/2015/628 subject to conditions.

Jurisdiction
Australia
Judgment Date
26 August 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application D/2015/628 approved subject to conditions annexed to the agreement.
Legal Topics
['development Application' 'alterations and Additions' 'conversion to Residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'alterations and Additions' 'conversion to Residential Flat Building' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Conciliation Conference; 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 proceedings were disposed of in accordance with that agreement by upholding the appeal and approving Development Application D/2015/628 subject to conditions.

Court Disposition

Appeal upheld; Development Application D/2015/628 approved subject to conditions annexed to the agreement.

Orders

  • ['The Applicant is granted leave to amend Development Application D/2015/628 in accordance with the plans and documentation set out in condition 1of the conditions annexed at "A" to this agreement.' "The applicant is to pay the Respondent's costs arising under section 97B of the Environmental Planning and Assessment...