Ray Ters v Inner West Council [2017] NSWLEC 1024

Ray Ters v Inner West Council [2017] NSWLEC 1024

The proceedings were disposed of by orders reflecting the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, the Court being satisfied that the decision could properly be made, without any merit assessment of the original dispute.

Jurisdiction
Australia
Judgment Date
13 January 2017
Procedural Posture
Development Application Appeal / Post Conciliation, Final Orders
Outcome
Appeal upheld by agreement under s34(3) and development application approved subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation, Final Orders

Legal Issues

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 may resolve the development application appeal' 'Whether the Court is satisfied that the decision is one the Court could have made in the exercise of its functions']

Ratio Decidendi

The proceedings were disposed of by orders reflecting the agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, the Court being satisfied that the decision could properly be made, without any merit assessment of the original dispute.

Court Disposition

Appeal upheld by agreement under s34(3) and development application approved subject to conditions

Orders

  • ['The Applicant is granted leave to amend the development application by substituting the specified amended plans and documents.' 'The appeal is upheld.' "Development Application No. 2016/00269908 for the subdivision, demolition, partial retention, and construction at 27 Foreman Street, Tempe is approved subject to...