Orico Properties Pty Ltd v Inner West Council [2018] NSWLEC 1103

Orico Properties Pty Ltd v Inner West Council [2018] NSWLEC 1103

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required to dispose of the proceedings in accordance with that agreed decision, resulting in the appeal being upheld and development consent being granted subject to conditions.

Jurisdiction
Australia
Judgment Date
02 March 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "Whether orders should be made giving effect to the parties' agreement."]

Ratio Decidendi

The parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to the terms of a decision acceptable to them, and the Commissioner was satisfied that the decision was one the Court could have made in the proper exercise of its functions. The Court was therefore required to dispose of the proceedings in accordance with that agreed decision, resulting in the appeal being upheld and development consent being granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted for the applicant to rely on the amended architectural and landscape plans listed in condition 1 of Annexure A.' "Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the applicant is to pay the respondent's costs agreed at $20,000.00 upon execution of this agreement."...