Medina Developments Pty Ltd v Inner West Council [2017] NSWLEC 1123

Medina Developments Pty Ltd v Inner West Council [2017] NSWLEC 1123

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 disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
09 March 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Agreement at or After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 201600166 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)' 'costs Under Section 97 B' 'demolition' 'semi Detached Dwellings' 'torrens Title Subdivision']
['environmental Planning and Development' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3)' 'costs Under Section 97 B' 'demolition' 'semi Detached Dwellings' 'torrens Title Subdivision']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Agreement at or After Conciliation Conference Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether Development Application No. 201600166 should be approved subject to agreed 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 Court disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 201600166 approved subject to conditions.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans referred to in condition 1 in Part B of Annexure "A."' "The Applicant is to pay $2,000.00 in full and final settlement of the Respondent's costs arising under section 97B of the Environmental Planning and Assessment Act 1979." 'The appeal is upheld.'...