Stanmore Developments Pty Ltd v Inner West Council [2017] NSWLEC 1116

Stanmore Developments Pty Ltd v Inner West Council [2017] NSWLEC 1116

The proceedings were disposed of in accordance with the parties' agreement reached at conciliation and as permitted by s 34(3) of the Land and Environment Court Act 1979, with orders made to give effect to the agreed modifications to the development consent.

Parties
Applicant: Stanmore Developments Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
06 March 2017
Procedural Posture
Modification Application (class 1) / Post Conciliation Determination (orders Following Agreement)
Outcome
Appeal upheld. Modification granted by consent and orders made under s 34(3).
Legal Topics
Modification of Development Consent, Conciliation Conference, Court Order Under Agreement
Planning and Development Law Modification of Development Consent Conciliation Conference Court Order Under Agreement

Case Brief

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Parties

Stanmore Developments Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Modification Application (class 1) / Post Conciliation Determination (orders Following Agreement)

Legal Issues

  1. 1 Whether to approve modification of development consent per agreement under s 34(3) of Land and Environment Court Act 1979

Ratio Decidendi

The proceedings were disposed of in accordance with the parties' agreement reached at conciliation and as permitted by s 34(3) of the Land and Environment Court Act 1979, with orders made to give effect to the agreed modifications to the development consent.

Court Disposition

Appeal upheld. Modification granted by consent and orders made under s 34(3).

Orders

  • The applicant is granted leave to rely upon the amended architectural plans and elevations referred to in paragraph 1b. of the document titled Modifications to the conditions of consent in Annexure 'A'.
  • The appeal is upheld.