Lo Brothers Company Pty Limited v Inner West Council [2018] NSWLEC 1067

Lo Brothers Company Pty Limited v Inner West Council [2018] NSWLEC 1067

An agreement was reached between the parties at a conciliation conference and the Commissioner was satisfied it was a decision the Court could have made, thereby disposing of the proceedings as required under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Lo Brothers Pty Limited; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
16 February 2018
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted in accordance with agreement between parties under s 34(3)
Legal Topics
Development Application, Section 34 Conciliation, Consent Orders
Planning and Environment Law Development Application Section 34 Conciliation Consent Orders

Case Brief

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Parties

Lo Brothers Pty Limited

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether agreement between parties could be disposed under s 34(3) of Land and Environment Court Act 1979
  2. 2 Whether the Court could make the agreed decision in exercise of its functions

Ratio Decidendi

An agreement was reached between the parties at a conciliation conference and the Commissioner was satisfied it was a decision the Court could have made, thereby disposing of the proceedings as required under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development consent granted in accordance with agreement between parties under s 34(3)

Orders

  • The Appeal is upheld.
  • Development Consent is granted for Development Application number 10.2016.130.1 for demolition of existing structures and construction of a 3 storey shop top housing development with ground floor commercial/retail and basement grade parking at 34-36 Lackey Street, Summer Hill as per the conditions set out at...