Rudder Development Pty Ltd v Inner West Council [2018] NSWLEC 1530

Rudder Development Pty Ltd v Inner West Council [2018] NSWLEC 1530

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 proceedings were disposed of in accordance with the agreed final orders.

Jurisdiction
Australia
Judgment Date
09 October 2018
Procedural Posture
Class 1 Development Application Proceedings / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application number D/2017/597 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement' 'clause 4.6 Variation Request' 'floor Space Ratio Control' 'costs Thrown Away']
['environmental and Planning Law' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 'section 34 Agreement' 'clause 4.6 Variation Request' 'floor Space Ratio Control' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / 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 parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether to grant leave to rely on amended plans and approve Development Application number D/2017/597 subject to conditions.']

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 proceedings were disposed of in accordance with the agreed final orders.

Court Disposition

Appeal upheld; Development Application number D/2017/597 approved subject to conditions.

Orders

  • ["The Applicant is granted leave to rely on the amended plans and documents listed in Condition 1 of the conditions and annexed and marked Annexure 'A'." "The Applicant is to pay the Respondent's costs thrown away by reason of the amended plans referred to in paragraph (1) pursuant to section 8.15(3) of the...