Karl Barrie v Inner West Council [2017] NSWLEC 1438

Karl Barrie v Inner West Council [2017] NSWLEC 1438

The proceedings were disposed of in accordance with the agreement reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, with orders granting approval to the development application subject to agreed conditions.

Parties
Applicant: Karl Barrie; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Appeal / Conciliation Conference; Orders Following Agreement
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Applications, Conciliation Conferences, Appeal Proceedings
Environmental Law Planning Law Development Applications Conciliation Conferences Appeal Proceedings

Case Brief

Summary, issues, holding and outcome

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Parties

Karl Barrie

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal / Conciliation Conference; Orders Following Agreement

Legal Issues

  1. 1 Whether agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be disposed of in accordance with the decision
  2. 2 Approval of development application subject to conditions

Ratio Decidendi

The proceedings were disposed of in accordance with the agreement reached at the conciliation conference under s 34(3) of the Land and Environment Court Act 1979, with orders granting approval to the development application subject to agreed conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The appeal is upheld
  • Development application DA 2017/00071976 for part demolition of the premises, and alterations and additions to ground and first floor of a dwelling house at 59 Thornley Street, Marrickville is approved subject to the conditions in Annexure 'A'