Brown v Inner West Council [2016] NSWLEC 1371

Brown v Inner West Council [2016] NSWLEC 1371

Proceedings were disposed of by consent orders under s 34(3) of the Land and Environment Court Act 1979, as the Court was satisfied the outcome was within its powers, without making a merit assessment of the issues originally in dispute.

Parties
Applicant: Kevin Brown; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
30 August 2016
Procedural Posture
Appeal Development Application / Conciliation Conference and Final Orders
Outcome
Appeal upheld by consent orders under s 34(3) of the Land and Environment Court Act 1979; Development Application approved with conditions
Legal Topics
Development Application, Mixed Use Development, Heritage, Bulk and Scale, Waste Management, Conciliation Conference, Agreement Between Parties
Planning and Environment Development Application Mixed Use Development Heritage Bulk and Scale Waste Management Conciliation Conference Agreement Between Parties

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Parties

Kevin Brown

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal Development Application / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the amended plans and documentation should be approved for the proposed development
  2. 2 Approval of Development Application D/2015/390 for demolition and construction of mixed use development

Ratio Decidendi

Proceedings were disposed of by consent orders under s 34(3) of the Land and Environment Court Act 1979, as the Court was satisfied the outcome was within its powers, without making a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld by consent orders under s 34(3) of the Land and Environment Court Act 1979; Development Application approved with conditions

Orders

  • The Applicant is granted leave to rely upon the amended plans and documentation as referred to in Condition 1 of Annexure 'A'.
  • The appeal is upheld.