Higgs v Inner West Council [2018] NSWLEC 1510

Higgs v Inner West Council [2018] NSWLEC 1510

The agreement reached under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and approve the development, with orders reflecting that agreement, disposes of the proceedings without a merit assessment by the Court.

Jurisdiction
Australia
Judgment Date
28 September 2018
Procedural Posture
Class 1 Appeal / Conciliation Conference; Final Orders Issued
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered against applicant
Legal Topics
['development Application' 'appeal' 'conciliation Conference' 'court Orders']
['environmental Law' 'planning Law'] ['development Application' 'appeal' 'conciliation Conference' 'court Orders']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference; Final Orders Issued

Legal Issues

  1. 1 ['Whether to uphold the appeal against refusal of development application 201700120 for property at 45 Union Street, Dulwich Hill' 'Whether the agreement reached by the parties satisfies requirements of s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The agreement reached under s 34(3) of the Land and Environment Court Act 1979 to uphold the appeal and approve the development, with orders reflecting that agreement, disposes of the proceedings without a merit assessment by the Court.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered against applicant

Orders

  • ["The applicant is granted leave to rely on the plans listed under Condition 1 in Annexure 'A'." 'The applicant is to pay $4,500.00 for costs thrown away by the respondent in accordance with s8.15 of the Environmental Planning and Assessment Act 1979.' 'Appeal upheld.' "Development application number 201700120 for...