John Cominos v Inner West Council [2017] NSWLEC 1094

John Cominos v Inner West Council [2017] NSWLEC 1094

As the parties reached an agreement at or after a conciliation conference which the Court was satisfied was a decision it could have made, the Court disposed of the proceedings accordingly by making orders granting consent for subdivision and dwelling construction, subject to conditions.

Jurisdiction
Australia
Judgment Date
24 February 2017
Procedural Posture
Appeal of Development Application Refusal / Final Consent Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs ordered
Legal Topics
['development Application' 'subdivision' 'tree Protection' 'setbacks' 'streetscape' 'conciliation Conference']
['environmental Law' 'planning Law'] ['development Application' 'subdivision' 'tree Protection' 'setbacks' 'streetscape' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal of Development Application Refusal / Final Consent Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the Court' 'Whether the Court can make orders to give effect to agreed terms for subdivision and dwellings']

Ratio Decidendi

As the parties reached an agreement at or after a conciliation conference which the Court was satisfied was a decision it could have made, the Court disposed of the proceedings accordingly by making orders granting consent for subdivision and dwelling construction, subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs ordered

Orders

  • ['Leave granted to Applicant to rely on specified amended plans' "Applicant to pay Respondent's costs of $1,000.00" 'Appeal upheld' 'Development consent granted to DA201600161 for demolition, subdivision into 3 lots, and construction of a dwelling house on each lot at 11 Alfred Street, St Peters, subject to annexed...