Quarello v Inner West Council [2016] NSWLEC 1338

Quarello v Inner West Council [2016] NSWLEC 1338

The agreement reached by the parties at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 is the basis for the orders made, with no merit assessment required by the Commissioner.

Jurisdiction
Australia
Judgment Date
27 July 2016
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference – Final Orders
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'court Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference – Final Orders

Legal Issues

  1. 1 ['Whether the parties can reach an agreement at a conciliation conference under s 34(3) of the Land and Environment Court Act 1979 regarding the development application appeal']

Ratio Decidendi

The agreement reached by the parties at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 is the basis for the orders made, with no merit assessment required by the Commissioner.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Leave granted to applicant to rely on specified amended plans.' 'The appeal is upheld.' 'Development application No. D/2015/426 is approved, subject to the conditions in annexure A.']