Susana Do Vale v Inner West Council [2017] NSWLEC 1558

Susana Do Vale v Inner West Council [2017] NSWLEC 1558

As an agreement was reached under s 34(3) that was acceptable to the parties and the Commissioner was satisfied it was a decision the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
03 October 2017
Procedural Posture
Modification Application; Class 1 Appeal / Conciliation Conference; Final Orders After Agreement
Outcome
Appeal upheld; modification application approved subject to conditions
Legal Topics
['modification of Development Consent' 'conciliation Conference' 'agreed Orders']
['planning and Environment'] ['modification of Development Consent' 'conciliation Conference' 'agreed Orders']

Case Brief

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Procedural Posture

Modification Application; Class 1 Appeal / Conciliation Conference; Final Orders After Agreement

Legal Issues

  1. 1 ["Whether the parties' agreement is acceptable under s 34(3) of the Land and Environment Court Act 1979" 'Approval of modification application to development consent']

Ratio Decidendi

As an agreement was reached under s 34(3) that was acceptable to the parties and the Commissioner was satisfied it was a decision the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; modification application approved subject to conditions

Orders

  • ['Leave granted for the applicant to rely on amended plans listed in Annexure A, prepared by Shakeup Architecture' 'Modification Application M/2017/52 approved, modifying Development Consent D/2016/375 for alterations and additions at 41 Foucart Street, Rozelle, subject to conditions set out in Annexure A']