Kharzoo v Inner West Council [2017] NSWLEC 1717

Kharzoo v Inner West Council [2017] NSWLEC 1717

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
14 December 2017
Procedural Posture
Class 1 Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application D/2016/569 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application D/2016/569 approved subject to conditions.
Legal Topics
['alterations and Additions' 'garage and Dwelling Construction' 'subdivision' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment' 'development Applications'] ['alterations and Additions' 'garage and Dwelling Construction' 'subdivision' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Class 1 Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application D/2016/569 / 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 appeal against Council's refusal of development application D/2016/569 should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for alterations and additions to the existing dwelling, associated landscaping, tree removal, construction of a new garage and dwelling over at the rear of the site, and subdivision to create two Torrens title allotments.']

Ratio Decidendi

An agreement under s 34(3) of the Land and Environment Court Act 1979 was reached between the parties, and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions; the proceedings were therefore 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 D/2016/569 approved subject to conditions.

Orders

  • ['The appeal in respect of the property known as 12 Llewellyn Street, Balmain or Lot 50 in Deposited Plan 2821 and Lot 51 in Deposited Plan 2821, is upheld.' 'Development application Council reference D/2016/569 for alterations and additions to the existing dwelling including associated landscaping, tree removal,...