Akiki v Inner West Council [2019] NSWLEC 1244

Akiki v Inner West Council [2019] NSWLEC 1244

Because the parties reached agreement at the s 34 conciliation conference and the agreed decision to grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
04 June 2019
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement
Outcome
Appeal upheld; development consent granted to the modified development application subject to conditions; no order as to costs.
Legal Topics
['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties']
['planning and Environment Law'] ['development Application' 'development Consent' 'conciliation Conference' 'agreement Between the Parties']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979; Orders Made by Agreement

Legal Issues

  1. 1 ["Whether the parties' agreed decision to uphold the appeal and grant development consent subject to conditions was a decision the Court could have made in the proper exercise of its functions." "Whether the proceedings should be disposed of in accordance with the parties' decision under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference and the agreed decision to grant consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, the Court was required under s 34(3) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; development consent granted to the modified development application subject to conditions; no order as to costs.

Orders

  • ['The Applicant is granted leave to rely on the amended drawings (as referred to in Annexure "A") for the purpose of the development application.' 'The appeal is upheld.' 'Development consent is granted to modified development application DA201800436.01 to provide a first floor attic to the garage at 140 Victoria...