Kaizen properties (Ashfield) Pty Ltd v inner West Council [2016] NSWLEC 1661

Kaizen properties (Ashfield) Pty Ltd v inner West Council [2016] NSWLEC 1661

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; therefore, the proceedings were disposed of in accordance with the agreement and the development application was approved subject to conditions.

Jurisdiction
Australia
Judgment Date
05 June 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'land and Environment Court Act 1979 S 34(3)']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and 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 the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

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; therefore, the proceedings were disposed of in accordance with the agreement and the development application was approved subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended plans set out in Annexure A.' 'Development Application No. 2015.238.1 for the inclusion of 21 additional hospital beds, two storey extensions to the southern side of the main building to accommodate extended rehabilitation facilities...