Panorama (No 1) Pty Ltd ATF Panorama (No 1) Fixed Unit Trust v Inner West Council [2020] NSWLEC 1074

Panorama (No 1) Pty Ltd ATF Panorama (No 1) Fixed Unit Trust v Inner West Council [2020] NSWLEC 1074

Given the parties' agreement, satisfaction of planning requirements, provision of landowner's consent, and lack of jurisdictional impediment, the appeal should be upheld and consent granted on agreed terms.

Jurisdiction
Australia
Judgment Date
20 February 2020
Procedural Posture
Development Application Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered as agreed.
Legal Topics
['development Application' 'boarding House' 'conciliation Agreement' 'planning Approval']
['planning and Environment'] ['development Application' 'boarding House' 'conciliation Agreement' 'planning Approval']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether the amended development application satisfies the requirements of relevant planning instruments and consent conditions' 'Whether the agreement between the parties can be the proper basis for final orders under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Given the parties' agreement, satisfaction of planning requirements, provision of landowner's consent, and lack of jurisdictional impediment, the appeal should be upheld and consent granted on agreed terms.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered as agreed.

Orders

  • ['The Applicant is granted leave to rely on the amended architectural plans prepared by Christopher Jordan Architecture and Design.' "The Applicant is to pay the Respondent's costs thrown away in accordance with s 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in the amount of $22,000 within...