Iron Wealth Pty Ltd trading as Makary Developments v Fairfield City Council [2018] NSWLEC 1110

Iron Wealth Pty Ltd trading as Makary Developments v Fairfield City Council [2018] NSWLEC 1110

The appeal is upheld and the amended development application approved, as the parties agreed at conciliation and the Court was satisfied that the decision could have been made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Appeal Against Refusal of Development Application / Post Conciliation Conference; Decision Following Agreement
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'demolition and Construction' 'judicial Approval' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'demolition and Construction' 'judicial Approval' 'conciliation Conference']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal Against Refusal of Development Application / Post Conciliation Conference; Decision Following Agreement

Legal Issues

  1. 1 ['Whether the appeal against the refusal of the development application should be upheld' 'Whether the amended development application should be approved']

Ratio Decidendi

The appeal is upheld and the amended development application approved, as the parties agreed at conciliation and the Court was satisfied that the decision could have been made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA-675.1/2016 as per specified plans and documents.' 'The appeal is upheld.' 'Development Application No. DA-675/2016 (as amended) is approved subject to the conditions in Annexure "A".']