Akkari v Burwood Council [2018] NSWLEC 1318

Akkari v Burwood Council [2018] NSWLEC 1318

Orders were made by the Court under s 34(3) of the Land and Environment Court Act 1979 to give effect to an agreement reached between the parties at or after a conciliation conference, as the Commissioner was satisfied the agreement was one the Court could properly make.

Jurisdiction
Australia
Judgment Date
22 June 2018
Procedural Posture
Class 1 / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; amended development approved subject to conditions; costs ordered
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'court Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'court Orders']

Case Brief

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Procedural Posture

Class 1 / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether to uphold appeal against refusal of development application' 'Whether amended development application and plans should be approved']

Ratio Decidendi

Orders were made by the Court under s 34(3) of the Land and Environment Court Act 1979 to give effect to an agreement reached between the parties at or after a conciliation conference, as the Commissioner was satisfied the agreement was one the Court could properly make.

Court Disposition

Appeal upheld; amended development approved subject to conditions; costs ordered

Orders

  • ['The applicant is granted leave to amend the development application and rely on specified plans.' 'The appeal is upheld.' 'Development Application Number 184/2016 for demolition and construction of a 5 storey mixed-use development is approved subject to conditions.' "The applicant is to pay the respondent's costs...