JVMC Pty Ltd v Inner West Council [2017] NSWLEC 1074

JVMC Pty Ltd v Inner West Council [2017] NSWLEC 1074

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
21 February 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application No. 201600217 is approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. 201600217 should be approved subject to agreed conditions.']

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions; accordingly, the proceedings were disposed of in accordance with that agreement.

Court Disposition

The appeal is upheld and Development Application No. 201600217 is approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely on the amended plans and documents referred to in condition 1 of Annexure A which are annexed hereto as Annexure B.' 'The appeal is upheld.' 'Development Application No. 201600217 to hold weekend markets monthly on Saturdays with consecutive Saturday and Sunday markets to be...