Perry Properties Pty Ltd v Inner West Council [2018] NSWLEC 1407

Perry Properties Pty Ltd v Inner West Council [2018] NSWLEC 1407

The Court, being satisfied that the agreement reached was one it could have made in the proper exercise of its functions, was required by s 34(3)(a) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement and make corresponding orders.

Jurisdiction
Australia
Judgment Date
03 August 2018
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders After Parties' Agreement
Outcome
Appeal upheld; development consent granted subject to annexed conditions.
Legal Topics
['development Application' 'conciliation Conference' 'land and Environment Court Act 1979 S 34(3)']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'land and Environment Court Act 1979 S 34(3)']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders After Parties' Agreement

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 could be given effect by the Court" 'Whether the application for variation of clause 4.4 of the Marrickville Local Environmental Plan 2011 should be upheld' 'Whether development consent should be granted to the proposed development']

Ratio Decidendi

The Court, being satisfied that the agreement reached was one it could have made in the proper exercise of its functions, was required by s 34(3)(a) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with that agreement and make corresponding orders.

Court Disposition

Appeal upheld; development consent granted subject to annexed conditions.

Orders

  • ["The Applicant's written request under subclause 4.6(3) of Marrickville Local Environmental Plan 2011 seeking a variation of clause 4.4 of Marrickville Local Environmental Plan 2011 is upheld." 'The appeal is upheld.' 'Development consent is granted to Development Application No. 201500736 seeking consent for the...