Ronowicz v Inner West Council [2018] NSWLEC 1287

Ronowicz v Inner West Council [2018] NSWLEC 1287

An agreement was reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision; the Court, being satisfied the decision was one it could have made, disposed of the proceedings in accordance with that agreement, making orders to give effect including approval of the amended development application subject to conditions and payment of costs.

Jurisdiction
Australia
Judgment Date
14 June 2018
Procedural Posture
Development Application Appeal / Conciliation Conference With Final Orders
Outcome
Appeal upheld; Development Application approved subject to conditions; costs order made.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

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

Development Application Appeal / Conciliation Conference With Final Orders

Legal Issues

  1. 1 ['Can the Court dispose of the proceedings in accordance with a s 34(3) agreement?' 'Should leave be granted to amend the development application?' 'Should the amended development be approved subject to conditions?']

Ratio Decidendi

An agreement was reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision; the Court, being satisfied the decision was one it could have made, disposed of the proceedings in accordance with that agreement, making orders to give effect including approval of the amended development application subject to conditions and payment of costs.

Court Disposition

Appeal upheld; Development Application approved subject to conditions; costs order made.

Orders

  • ['Applicant granted leave to amend Development Application No. D/2017/94.' 'Appeal upheld.' 'Development Application No. D/2017/94 approved subject to conditions contained at Annexure B.' "Applicant to pay Council's costs thrown away as a result of amendment of application pursuant to s 8.15(3) Environmental...