Miczar Pty Ltd v Inner West Council [2017] NSWLEC 1256

Miczar Pty Ltd v Inner West Council [2017] NSWLEC 1256

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; therefore the Court was required to dispose of the proceedings in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Class 1 Modification Application and Order Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
In proceedings 2017/33760, the appeal was upheld and development consent was granted to modification M/2015/219 at 597 Darling Street, Balmain, subject to conditions. In proceedings 2016/383380, the Court noted the respondent would withdraw s121B Order EPA/2016/417 dated 5 December 2016 and gave the applicant leave...
Legal Topics
['modification Application' 'development Consent' 'order Appeal' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)']
['planning and Environment Law'] ['modification Application' 'development Consent' 'order Appeal' 'conciliation Conference' 'agreement Between the Parties Under S 34(3)']

Case Brief

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Procedural Posture

Class 1 Modification Application and Order Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

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

Ratio Decidendi

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; therefore the Court was required to dispose of the proceedings in accordance with that agreement.

Court Disposition

In proceedings 2017/33760, the appeal was upheld and development consent was granted to modification M/2015/219 at 597 Darling Street, Balmain, subject to conditions. In proceedings 2016/383380, the Court noted the respondent would withdraw s121B Order EPA/2016/417 dated 5 December 2016 and gave the applicant leave...

Orders

  • ['The applicant is granted leave to rely upon amended plans referred to in conditions of consent annexed hereto and marked Annexure A.' 'The appeal is upheld.' 'Development Consent is granted to modification M/2015/219 at 597 Darling Street, Balmain, subject to the conditions of consent annexed hereto and marked...