Tanesia Holdings Pty Ltd v Inner West Council [2018] NSWLEC 1107

Tanesia Holdings Pty Ltd v Inner West Council [2018] NSWLEC 1107

Because the parties reached an 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 have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
02 March 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
The appeal is upheld and Development Application 10.2017.17.1 is approved, subject to the conditions at Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'orders Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one that the Court could have made in the proper exercise of its functions.']

Ratio Decidendi

Because the parties reached an 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 have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

The appeal is upheld and Development Application 10.2017.17.1 is approved, subject to the conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'Development Application 10.2017.17.1 for the demolition of existing structures, tree removal and construction of a 3 storey multi-dwelling residential development comprising six dwellings over a basement, car parking for 10 vehicles and associated works, at 177A Norton Street, Ashfield, is...