Succar v Inner West Council [2020] NSWLEC 1023

Succar v Inner West Council [2020] NSWLEC 1023

Because the parties reached 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 make in the proper exercise of its functions, with no jurisdictional impediment identified, the proceedings were disposed of in accordance with the parties' agreement by upholding the appeal and granting development consent to the modified application subject to the agreed plans, modifications and costs order.

Jurisdiction
Australia
Judgment Date
16 January 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted to the modified development application; Applicant ordered to pay the Respondent's costs of $6,000.00.
Legal Topics
['development Application' 'boarding House' 'conciliation Conference' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application' 'boarding House' 'conciliation Conference' 'development Consent' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Appeal Pursuant to S 8.7 of the Environmental Planning and Assessment Act 1979 Against Refusal of a Development Application / Final Orders Following S 34 Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 ["Whether the Court could make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted to the modified development application for demolition of existing structures and construction of an 8 room boarding house at 122A Milton Street, Ashfield.']

Ratio Decidendi

Because the parties reached 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 make in the proper exercise of its functions, with no jurisdictional impediment identified, the proceedings were disposed of in accordance with the parties' agreement by upholding the appeal and granting development consent to the modified application subject to the agreed plans, modifications and costs order.

Court Disposition

Appeal upheld; development consent granted to the modified development application; Applicant ordered to pay the Respondent's costs of $6,000.00.

Orders

  • ['The Applicant is granted leave to rely on the amended drawings (as referred to in Annexure "A") for the purpose of the development application.' "The Applicant is to pay the Respondent's costs pursuant to section 8.15 of the Environmental Planning and Assessment Act 1979, in the sum of $6,000.00." 'The appeal is...