Jowono Investments Pty Ltd v Inner West Council [2023] NSWLEC 1416
As the Court was satisfied the jurisdictional prerequisites under the relevant planning instruments and statutes were met, and the parties' decision was one the Court could properly make, the appeal was upheld and the DA was approved in accordance with the agreement.
- Jurisdiction
- Australia
- Judgment Date
- 02 August 2023
- Procedural Posture
- Development Appeal / Conciliation Conference Agreement; Final Orders
- Outcome
- Appeal upheld; development consent granted
- Legal Topics
- ['development Application' 'conciliation Conference' "court Approval of Parties' Agreement"]
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Development Appeal / Conciliation Conference Agreement; Final Orders
Legal Issues
- 1 ['Whether the jurisdictional prerequisites for approving the DA are satisfied' 'Whether development consent should be granted based on the agreement between parties']
Ratio Decidendi
As the Court was satisfied the jurisdictional prerequisites under the relevant planning instruments and statutes were met, and the parties' decision was one the Court could properly make, the appeal was upheld and the DA was approved in accordance with the agreement.
Court Disposition
Appeal upheld; development consent granted
Orders
- ['The appeal is upheld.' 'Development consent is granted to Development Application DA-2022/0387 for demolition of existing improvements and the construction of a two-storey dwelling with garage and associated landscaping at Lot 24 in DP 2623 and Lot 1 in DP 120942, also known as 2 Harney Street, Marrickville,...
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