Tomasy Pty Ltd v Inner West Council (formerly Leichhardt Council) [2016] NSWLEC 1200

Tomasy Pty Ltd v Inner West Council (formerly Leichhardt Council) [2016] NSWLEC 1200

The parties reached agreement at or after conciliation conference under s 34(3) of the Land and Environment Court Act 1979; the Court was satisfied the decision was one that could have been made properly, and therefore disposed of the proceedings according to the agreed terms without making any merit assessment.

Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Development Application Appeal / Disposition After Conciliation Conference
Outcome
Appeal upheld
Legal Topics
['development Application' 'conciliation Conference' 'orders by Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'orders by Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Disposition After Conciliation Conference

Legal Issues

  1. 1 ['Whether consent should be granted to the amended development application' 'Whether orders may be made by consent following a conciliation conference']

Ratio Decidendi

The parties reached agreement at or after conciliation conference under s 34(3) of the Land and Environment Court Act 1979; the Court was satisfied the decision was one that could have been made properly, and therefore disposed of the proceedings according to the agreed terms without making any merit assessment.

Court Disposition

Appeal upheld

Orders

  • ["The Applicant is granted leave to rely on the amended plans as referred to in the conditions of consent contained in Annexure 'A'." "In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as a result of the amendments within...