Robert Dening v Inner West Council [2017] NSWLEC 1639

Robert Dening v Inner West Council [2017] NSWLEC 1639

Because 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, the Court was required to dispose of the proceedings in accordance with that decision and make orders giving effect to the agreement.

Jurisdiction
Australia
Judgment Date
10 November 2017
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; leave granted to amend Development Application No. DA10.2016.224.1; development application approved subject to conditions; applicant ordered to pay costs.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'alterations and Additions to Dwelling House' 'secondary Dwelling' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'alterations and Additions to Dwelling House' 'secondary Dwelling' 'costs']

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979 was one that the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

Ratio Decidendi

Because 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, the Court was required to dispose of the proceedings in accordance with that decision and make orders giving effect to the agreement.

Court Disposition

Appeal upheld; leave granted to amend Development Application No. DA10.2016.224.1; development application approved subject to conditions; applicant ordered to pay costs.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to amend Development Application No. DA10.2016.224.1 and to rely upon the amended plans and documents behind Annexure "A".' 'The Applicant is to pay the Respondents costs, of $2,000 within 28 days, under section 97B of the Environmental Planning and Assessment...