Lundevall v Inner West Council [2018] NSWLEC 1464

Lundevall v Inner West Council [2018] NSWLEC 1464

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
29 August 2018
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions; no order as to costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

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 that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with the agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

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

Orders

  • ['The appeal is upheld.' 'Development consent is granted to Development Application No. D/2017/622 for the part demolition and two storey rear addition to residence, construction of a new attached dwelling at the rear of the site and associated works and strata subdivision subject to the conditions in Annexure "A".'...