Sekulovski v Inner West Council [2018] NSWLEC 1299

Sekulovski v Inner West Council [2018] NSWLEC 1299

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, upheld the appeal and approved the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
15 June 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'shop Top Housing' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'shop Top Housing' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference 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 development application 201600565.01 for shop top housing at 595 King Street, Newtown 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, upheld the appeal and approved the amended development application subject to conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to rely on an amended development application incorporating the specified amended architectural plans, BASIX Certificate No. 929719M_02, Nationwide House Energy Rating Scheme Certificate dated 23 May 2018, amended Clause 4.6 variation dated 25 May 2018, amended Acoustic Assessment...