Leichhardt 141 Pty Ltd v Inner West Council [2016] NSWLEC 1486

Leichhardt 141 Pty Ltd v Inner West Council [2016] NSWLEC 1486

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement by making the final orders.

Jurisdiction
Australia
Judgment Date
24 October 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application D/641/2015 for Demolition of Existing Improvements and Construction of a Residential Flat Building / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal was upheld and Development Application D/2015/641 was approved subject to conditions, with no order as to costs.
Legal Topics
['development Application Appeal' 'demolition of Existing Improvements' 'construction of a Residential Flat Building' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']
['environmental Planning and Assessment' 'development Consent' 'land and Environment Court Procedure'] ['development Application Appeal' 'demolition of Existing Improvements' 'construction of a Residential Flat Building' 'conciliation Conference' 'agreement Under S 34(3) of the Land and Environment Court Act 1979']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application D/641/2015 for Demolition of Existing Improvements and Construction of a Residential Flat Building / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement by making the final orders.

Court Disposition

The appeal was upheld and Development Application D/2015/641 was approved subject to conditions, with no order as to costs.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documentation.' 'The appeal is upheld.' 'Development Application D/2015/641 is approved subject to the conditions set out in Annexure "A".' 'No order as to cost.']