Zeitouni & anor v Inner West Council (No.2) [2016] NSWLEC 1320

The orders give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, with no merit assessment made by the court of the issues originally in dispute.

Parties: Applicants: David and Melissa Zeitouni; Respondent: Inner West Council
Jurisdiction: Australia
Judgment Date: 08 August 2016
Procedural Posture: Class 1 Appeal / Conciliation Conference; Final Orders
Outcome: Appeal upheld; order varied by consent; no order as to costs
Legal Topics: SECTION 121 B ORDER, Development Consent Compliance, Conciliation Conference, Agreement Between Parties

Environmental Law Planning Law SECTION 121 B ORDER Development Consent Compliance Conciliation Conference Agreement Between Parties

Case Brief

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Parties

David and Melissa Zeitouni

Applicants

Inner West Council

Respondent

Procedural Posture

Class 1 Appeal / Conciliation Conference; Final Orders

Legal Issues

1 Whether the Respondent's order under section 121B should be upheld or modified in relation to compliance with development consent at 77 Foster Street, Leichhardt

Ratio Decidendi

The orders give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, with no merit assessment made by the court of the issues originally in dispute.

Court Disposition

Appeal upheld; order varied by consent; no order as to costs

Orders

The appeal is upheld.
The order given by the Respondent to Applicants dated 12 November 2015 is modified as follows: Delete specified text and insert instead an order to remove the metal fence and gate on the northern side of the premises by 5pm on 6 February 2017.