LSPCC Pty Ltd v Inner West Council [2018] NSWLEC 1224

LSPCC Pty Ltd v Inner West Council [2018] NSWLEC 1224

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 proceedings were disposed of in accordance with that agreement, with the appeal upheld and the development application approved subject to conditions.

Jurisdiction
Australia
Judgment Date
11 May 2018
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal of a Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA0175 approved subject to conditions in Annexure A; applicant ordered to pay Council's costs thrown away in the amount of $2,715 GST inclusive.
Legal Topics
['development Application' 'subdivision of Land' 'construction of Dwelling' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'subdivision of Land' 'construction of Dwelling' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal of a Development Application / 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 leave should be granted to rely on amended plans and documents.' 'Whether Development Application No. DA0175 should be approved subject to conditions.']

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 proceedings were disposed of in accordance with that agreement, with the appeal upheld and the development application approved subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA0175 approved subject to conditions in Annexure A; applicant ordered to pay Council's costs thrown away in the amount of $2,715 GST inclusive.

Orders

  • ['Leave is granted to the applicant to rely on the amended plans and documents listed in Condition 1 of the conditions attached and marked "A".' "The applicant to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act...