Scott Meehan v Inner West Council [2017] NSWLEC 1182

Scott Meehan v Inner West Council [2017] NSWLEC 1182

An agreement was reached between the parties 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; therefore the proceedings were disposed of in accordance with that agreement by upholding the Class 1 application and approving Development Application No. 672/2016 subject to conditions.

Jurisdiction
Australia
Judgment Date
07 April 2017
Procedural Posture
Class 1 Development Application Proceedings / Conciliation Conference; Final Orders by Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The Class 1 application was upheld and Development Application No. 672/2016 was approved subject to the conditions set out in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Development Application Proceedings / Conciliation Conference; Final 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 a decision 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

An agreement was reached between the parties 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; therefore the proceedings were disposed of in accordance with that agreement by upholding the Class 1 application and approving Development Application No. 672/2016 subject to conditions.

Court Disposition

The Class 1 application was upheld and Development Application No. 672/2016 was approved subject to the conditions set out in Annexure A.

Orders

  • ['The Class 1 application is upheld' 'Development Application No. 672/2016 for alterations and additions to existing dwelling, the demolition of rear lean to extensions, the restorations of street front dwelling, a two storey addition to the rear and new landscaping and hardstand area to the rear at 25 Annesley...