Milestone (Aust) Pty Limited v Inner West Council [2016] NSWLEC 1457

Milestone (Aust) Pty Limited v Inner West Council [2016] NSWLEC 1457

The proceedings were disposed of in accordance with the agreement reached by the parties at the conciliation conference, as the Commissioner was satisfied the decision could have been made by the Court in the proper exercise of its functions, in line with s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicant: Milestone (Aust) Pty Limited; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
29 September 2016
Procedural Posture
Development Appeal / Post Conciliation Conference; Final Orders Following Agreement
Outcome
Appeal upheld by consent—development application approved subject to conditions
Legal Topics
Development Appeal, Deemed Refusal, Conciliation Conference, Agreement Between Parties
Planning Law Environmental Law Development Appeal Deemed Refusal Conciliation Conference Agreement Between Parties

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 3 Party arguments 1
Sign in to unlock

Parties

Milestone (Aust) Pty Limited

Applicant

Inner West Council

Respondent

Procedural Posture

Development Appeal / Post Conciliation Conference; Final Orders Following Agreement

Legal Issues

  1. 1 Whether the appeal against the deemed refusal of the development application should be upheld
  2. 2 Whether the agreement reached at the conciliation conference is one the Court could make

Ratio Decidendi

The proceedings were disposed of in accordance with the agreement reached by the parties at the conciliation conference, as the Commissioner was satisfied the decision could have been made by the Court in the proper exercise of its functions, in line with s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld by consent—development application approved subject to conditions

Orders

  • The Applicant is granted leave to rely upon the amended plans contained in Annexure A
  • The written request made pursuant to cl 4.6 of the Leichhardt Local Environmental Plan 2013 to vary the 'floor space ratio' is accepted