JY Crown Pty Ltd v Inner West Council [2018] NSWLEC 1171

JY Crown Pty Ltd v Inner West Council [2018] NSWLEC 1171

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
04 April 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application D/2017/477 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'consent Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld; Development Application D/2017/477 approved subject to conditions.

Orders

  • ["The Applicant is granted leave to amend the development application and rely upon the plans referred to in Condition 1 of 'Annexure A' to this agreement." 'The appeal is upheld.' "Development Application D/2017/477 for demolition of existing structure, construction of Residential flat building containing 24...