Prospect Road Pty Ltd v Inner West Council [2016] NSWLEC 1391

Prospect Road Pty Ltd v Inner West Council [2016] NSWLEC 1391

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, so the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
31 August 2016
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 Application No. 10.2015.239.1 approved subject to conditions contained in Annexure "A".
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'boarding House Development']
['planning and Environment Law' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'boarding House Development']

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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 Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. 10.2015.239.1 should be approved subject to agreed conditions.']

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, so the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 10.2015.239.1 approved subject to conditions contained in Annexure "A".

Orders

  • ['The Applicant is granted leave to rely upon amended plans referred to in Condition A (1) of the attached conditions.' "The Applicant is to pay the Respondent's costs thrown away pursuant to s97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed." 'The appeal is upheld.' 'Development...