Gardiner v Inner West Council [2018] NSWLEC 1375

Gardiner v Inner West Council [2018] NSWLEC 1375

As the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the Court could have made the decision, the proceedings were disposed in accordance with the agreement, upholding the appeal and granting approval for the development subject to conditions.

Parties
Applicant: John Gardiner; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
23 July 2018
Procedural Posture
Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld, development application approved subject to conditions
Legal Topics
Development Application, Conciliation Conference, Appeal, Court Act S 34(3)
Planning and Environment Development Application Conciliation Conference Appeal Court Act S 34(3)

Case Brief

Summary, issues, holding and outcome

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Parties

John Gardiner

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether the appeal against the refusal of the development application should be upheld by consent under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

As the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the Court could have made the decision, the proceedings were disposed in accordance with the agreement, upholding the appeal and granting approval for the development subject to conditions.

Court Disposition

Appeal upheld, development application approved subject to conditions

Orders

  • Leave granted to rely on amended plans as set out in Condition 1 of Annexure A.
  • The appeal is upheld.