Karakatis Holdings Pty Ltd and anor v Inner West Council [2017] NSWLEC 1166

Karakatis Holdings Pty Ltd and anor v Inner West Council [2017] NSWLEC 1166

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision could properly have been made by the court, the proceedings were disposed of in accordance with the agreement.

Parties
First Applicant: Karakatis Holdings Pty Ltd; Second Applicant: Nikki Beach One Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
31 March 2017
Procedural Posture
Appeal Against Refusal of Modification Application / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; modification application partly approved subject to conditions; costs to respondent as agreed or assessed
Legal Topics
Modification Application, Development Consent, Conciliation Conference
Planning and Environment Law Modification Application Development Consent Conciliation Conference

Case Brief

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Parties

Karakatis Holdings Pty Ltd

First Applicant

Nikki Beach One Pty Ltd

Second Applicant

Inner West Council

Respondent

Procedural Posture

Appeal Against Refusal of Modification Application / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 could be made by the court
  2. 2 Terms for the modification of the development consent

Ratio Decidendi

As the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the decision could properly have been made by the court, the proceedings were disposed of in accordance with the agreement.

Court Disposition

Appeal upheld; modification application partly approved subject to conditions; costs to respondent as agreed or assessed

Orders

  • The Applicant is required to amend Modification Application 2016/357292 by deleting the application for the construction of a vehicular access driveway and sidewalk crossover at the Johnston Street frontage.
  • The appeal is upheld.