Leichhardt 141 Pty Limited v Inner West Council [2017] NSWLEC 1184

Leichhardt 141 Pty Limited v Inner West Council [2017] NSWLEC 1184

The Court disposed of the proceedings in accordance with the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, approving the modification of development consent as set out in the orders.

Jurisdiction
Australia
Judgment Date
10 April 2017
Procedural Posture
Appeal Concerning Development Application Modification / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Modification of development consent approved as per parties' agreement.
Legal Topics
['development Consent Modification' 'conciliation Conference' 'court Orders']
['planning and Environment'] ['development Consent Modification' 'conciliation Conference' 'court Orders']

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Procedural Posture

Appeal Concerning Development Application Modification / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the modification of development consent should be approved' 'Application of s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, approving the modification of development consent as set out in the orders.

Court Disposition

Appeal upheld. Modification of development consent approved as per parties' agreement.

Orders

  • ['The appeal is upheld.' "Section 96(8) application to modify development consent D/2015/641 is approved by deleting deferred commencement condition 1 and inserting new condition 75A as contained in Annexure 'A'." "Development Consent DA/2015/641 is now subject to the consolidated, modified conditions of development...