Hancox v Inner West Council [2018] NSWLEC 1646

Hancox v Inner West Council [2018] NSWLEC 1646

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for approval of the modification application subject to conditions, and the Commissioner was satisfied that the decision was one the Court could make in the proper exercise of its functions, including because the modified development was substantially the same development as originally approved, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
13 December 2018
Procedural Posture
Class 1 Appeal Against Refusal of a Modification Application / Final Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld; modified development application approved subject to conditions.
Legal Topics
['modification Application' 'boarding House' 'conciliation Conference' 'agreement Between Parties' 'development Consent']
['planning and Environment Law'] ['modification Application' 'boarding House' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

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Procedural Posture

Class 1 Appeal Against Refusal of a Modification Application / Final Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the Court should give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether the modification application could be determined under s 4.55(2) of the Environmental Planning and Assessment Act 1979 on the basis that the modified development is substantially the same development as originally approved']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 for approval of the modification application subject to conditions, and the Commissioner was satisfied that the decision was one the Court could make in the proper exercise of its functions, including because the modified development was substantially the same development as originally approved, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; modified development application approved subject to conditions.

Orders

  • ["The applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of Annexure 'A'." 'The appeal is upheld.' "Modified Development Application DA201300186.04 for ground and first floor alterations and additions to the approved boarding house to increase the number of rooms...