LAK Australia Pty Ltd v Inner West Council [2018] NSWLEC 1170

LAK Australia Pty Ltd v Inner West Council [2018] NSWLEC 1170

The proceedings were disposed on terms agreed by the parties in accordance with s 34(3) of the Land and Environment Court Act 1979, as the Court was satisfied the decision was one it could have made in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
05 April 2018
Procedural Posture
Development Application Appeal / Orders Following Conciliation Conference
Outcome
Appeal upheld by agreement of the parties and approval of the development application subject to conditions. Applicant to pay Respondent's costs of $5,500.00.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the conciliation conference resulted in an agreement acceptable to the parties and capable of being made by the Court under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The proceedings were disposed on terms agreed by the parties in accordance with s 34(3) of the Land and Environment Court Act 1979, as the Court was satisfied the decision was one it could have made in the proper exercise of its functions.

Court Disposition

Appeal upheld by agreement of the parties and approval of the development application subject to conditions. Applicant to pay Respondent's costs of $5,500.00.

Orders

  • ["The Applicant's updated cl.4.6 written request to vary the FSR control is upheld." 'The Appeal is upheld.' "Development application no. D/2017/412 is approved subject to the conditions set out in Annexure 'A'." "The Applicant is to pay the Respondent's costs in the sum of $5,500.00."]