Sara Palmieri v Inner West Council [2017] NSWLEC 1656

Sara Palmieri v Inner West Council [2017] NSWLEC 1656

The appeal was upheld and the development application was approved subject to agreed conditions, by operation of s 34(3) of the Land and Environment Court Act 1979, following an agreement reached at conciliation.

Parties
Applicant: Sara Palmieri and Darryl Hughes; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
16 November 2017
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved with conditions; costs ordered.
Legal Topics
Development Application, Conciliation Agreement, Court Orders
Planning and Environment Law Development Application Conciliation Agreement Court Orders

Case Brief

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Parties

Sara Palmieri and Darryl Hughes

Applicant

Inner West Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the parties' agreement could be given effect under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The appeal was upheld and the development application was approved subject to agreed conditions, by operation of s 34(3) of the Land and Environment Court Act 1979, following an agreement reached at conciliation.

Court Disposition

Appeal upheld; development application approved with conditions; costs ordered.

Orders

  • Appeal upheld
  • Development application number DA201700071 is approved subject to conditions in Annexure 'A'