Ainsworth & anor v Inner West Council [2017] NSWLEC 1564

Ainsworth & anor v Inner West Council [2017] NSWLEC 1564

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and approving the modifications as set out in Annexure A.

Jurisdiction
Australia
Judgment Date
06 October 2017
Procedural Posture
Class 1 Appeal Against Refusal of an Application to Modify a Development Consent / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; modification application approved in accordance with the parties' agreement.
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']
['planning and Environment' 'development Consent Modification'] ['modification of Development Consent' 'conciliation Conference' 'agreement Between Parties' 'section 34 Orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of an Application to Modify a Development Consent / 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 agreed decision reached by the parties under s 34(3) of the Land and Environment Court Act 1979 was one the Court could have made in the proper exercise of its functions.' "Whether application number M/2017/5 to modify Development Consent No. D/2016/190 should be approved in accordance with 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 the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and approving the modifications as set out in Annexure A.

Court Disposition

Appeal upheld; modification application approved in accordance with the parties' agreement.

Orders

  • ['The Appeal is upheld.' 'Section 96 application number M/2017/5 lodged with the Respondent on 25 January 2017 to modify Development Consent No. D/2016/190 for alterations and additions to existing dwelling and ancillary development at 27 Wharf Road, Birchgrove is determined by approving the modifications as set out...