Kosta Papanikitis v Inner West Council [2017] NSWLEC 1698

Kosta Papanikitis v Inner West Council [2017] NSWLEC 1698

The parties reached an agreement at or after conciliation conference, the Commissioner was satisfied it was a decision the Court could have made, and the Court must dispose of the proceedings in accordance with that decision by making written orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
06 December 2017
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld and Modification Application approved; development consent modified to incorporate new ground floor plan.
Legal Topics
['development Application' 'conciliation Conference' 'modification of Development Consent']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'modification of Development Consent']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 was acceptable and could be disposed of by the Court' "Whether modification application should be approved in accordance with parties' agreement"]

Ratio Decidendi

The parties reached an agreement at or after conciliation conference, the Commissioner was satisfied it was a decision the Court could have made, and the Court must dispose of the proceedings in accordance with that decision by making written orders giving effect to the agreement.

Court Disposition

Appeal upheld and Modification Application approved; development consent modified to incorporate new ground floor plan.

Orders

  • ['Leave granted for Applicant to rely on amended Plan No. CD-05 Revision A dated 28 November 2017.' 'The appeal is upheld and Modification Application 201600349.01 for alterations and additions at 22 Charles Street, Enmore NSW approved.' 'Development Consent No. 201600349 dated 14 November 2016 modified.' 'Condition...