Norton Street Pty Ltd v Inner West Council [2019] NSWLEC 1208

Norton Street Pty Ltd v Inner West Council [2019] NSWLEC 1208

Where the parties reach agreement as to the terms of a decision, and the Court is satisfied that such a decision is one it could properly make, the Court must dispose of the proceedings in accordance with that agreement, including granting development consent subject to conditions.

Parties
Applicant: Norton Street Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Development Application Appeal / Post Conciliation Conference Determination
Outcome
Appeal upheld; development consent granted subject to conditions; Applicant to pay thrown away costs
Legal Topics
Development Application, Conciliation Conference, Agreed Outcome
Planning and Environment Development Application Conciliation Conference Agreed Outcome

Case Brief

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Parties

Norton Street Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference Determination

Legal Issues

  1. 1 Whether development consent should be granted for mixed use building
  2. 2 Whether the Court should uphold appeal based on parties' agreement

Ratio Decidendi

Where the parties reach agreement as to the terms of a decision, and the Court is satisfied that such a decision is one it could properly make, the Court must dispose of the proceedings in accordance with that agreement, including granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; Applicant to pay thrown away costs

Orders

  • Leave is granted to the Applicant to rely on amended architectural and stormwater drainage plans as set out in Annexure A conditions 1 and 6(a) respectively.
  • The Applicant is to pay the Respondent's costs thrown away as a result of amending the application, in accordance with section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the amount of $6,000.00 (inclusive of GST) within 28 days.