Lindsay v Inner West Council [2018] NSWLEC 1259

The Court, being satisfied an agreement reached under s 34(3) was one it could have made, disposed of proceedings in accordance with the decision and made orders to effect that agreement.

Jurisdiction: Australia
Judgment Date: 04 June 2018
Procedural Posture: Appeal Against Development Application Refusal / Orders Following Conciliation Conference
Outcome: Appeal upheld; development application approved subject to conditions
Legal Topics: ['development Application' 'conciliation Conference' 'agreement Between Parties']

['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Appeal Against Development Application Refusal / Orders Following Conciliation Conference

Legal Issues

1 ['Whether the development application should be approved pursuant to agreement reached at conciliation conference']

Ratio Decidendi

The Court, being satisfied an agreement reached under s 34(3) was one it could have made, disposed of proceedings in accordance with the decision and made orders to effect that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

['Leave granted to rely on amended plans/documents listed in Condition 1, Annexure A.' 'The appeal is upheld.' 'Development Application No. DA201700430 is approved subject to conditions in Annexure A.']