Legge & Legge Architects Pty Ltd v Inner West Council [2018] NSWLEC 1483

Legge & Legge Architects Pty Ltd v Inner West Council [2018] NSWLEC 1483

The Court disposed of the proceedings in accordance with the parties' agreement, as the agreement constituted an outcome the Court could have made in the proper exercise of its functions, pursuant to s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Legge & Legge Architects Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
13 September 2018
Procedural Posture
Development Application Appeal / Conciliation Conference With Agreed Orders
Outcome
Appeal upheld by consent; amended development application approved, subject to conditions; costs order made.
Legal Topics
Development Application, Conciliation Conference, Court Approved Agreement
Planning and Environment Law Development Application Conciliation Conference Court Approved Agreement

Case Brief

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Parties

Legge & Legge Architects Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference With Agreed Orders

Legal Issues

  1. 1 Whether the proceedings could be disposed of by agreement under s34(3) of the Land and Environment Court Act 1979
  2. 2 Approval of amended development application plans

Ratio Decidendi

The Court disposed of the proceedings in accordance with the parties' agreement, as the agreement constituted an outcome the Court could have made in the proper exercise of its functions, pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld by consent; amended development application approved, subject to conditions; costs order made.

Orders

  • The Applicant is granted leave to amend Development Application No. D/2017/494 and to rely upon specified amended plans and documents.
  • The appeal is upheld.