Lim v Inner West Council [2018] NSWLEC 1579

Lim v Inner West Council [2018] NSWLEC 1579

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 proceedings were disposed of in accordance with that agreement without a merits assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
02 November 2018
Procedural Posture
Class 1 Development Application Appeal / 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' 'conciliation Conference' 'agreement Between Parties' 'subdivision' 'residential Development' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'subdivision' 'residential Development' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / 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 No. DA201700511 should be approved subject to conditions following amendment of the application.']

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 proceedings were disposed of in accordance with that agreement without a merits assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The Applicant is granted leave to amend Development Application No. DA2017005114 and to rely upon the amended plans listed in the orders and annexed behind Annexure "A".' "The applicant is to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the...