Murray v Inner West Council [2018] NSWLEC 1057

Murray v Inner West Council [2018] NSWLEC 1057

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding 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 without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
14 February 2018
Procedural Posture
Class 1 Modification Application Appeal / Conciliation Conference; Orders Made by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to rely on amended plans; consent granted to Modification Application M/2017/88 modifying DA D/2016/576 subject to consolidated conditions.
Legal Topics
['modification Application' 'removal of a Tree' 'appropriate Replacement Tree' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Environment'] ['modification Application' 'removal of a Tree' 'appropriate Replacement Tree' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

Class 1 Modification Application Appeal / Conciliation Conference; Orders Made by 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 consent should be granted to Modification Application M/2017/88 modifying DA D/2016/576.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the presiding 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 without a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; leave granted to rely on amended plans; consent granted to Modification Application M/2017/88 modifying DA D/2016/576 subject to consolidated conditions.

Orders

  • ['The Appeal is upheld.' 'Leave is granted to the applicant to rely upon the amended architectural plans DA 01 to DA 10 all revision B and dated 1.2.18 by Connor & Solomon Architects and Landscape Plan LP01-A of Selena Hannan dated 25.01.2018 as listed in Annexure A – Table to condition of consent No.1.' 'Consent is...