Jedani v Inner West Council [2016] NSWLEC 1232

Jedani v Inner West Council [2016] NSWLEC 1232

As the parties reached an agreement in accordance with s 34(3) of the Land and Environment Court Act 1979, and the presiding Commissioner was satisfied that the decision was one the Court could properly make, orders were made to give effect to that agreement, including approving modifications to development consent D/2014/334.

Jurisdiction
Australia
Judgment Date
03 June 2016
Procedural Posture
Appeal (development Application) / Conciliation Conference—final Orders
Outcome
Appeal upheld; agreement between parties made orders of the Court.
Legal Topics
['development Application' 'conciliation Agreement' 'modification of Development Consent']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Agreement' 'modification of Development Consent']

Case Brief

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Procedural Posture

Appeal (development Application) / Conciliation Conference—final Orders

Legal Issues

  1. 1 ['Whether agreement between parties under s 34(3) of the Land and Environment Court Act 1979 should be disposed in accordance with the decision.' 'Whether modifications to development consent D/2014/334 should be approved.']

Ratio Decidendi

As the parties reached an agreement in accordance with s 34(3) of the Land and Environment Court Act 1979, and the presiding Commissioner was satisfied that the decision was one the Court could properly make, orders were made to give effect to that agreement, including approving modifications to development consent D/2014/334.

Court Disposition

Appeal upheld; agreement between parties made orders of the Court.

Orders

  • ['The Appeal is upheld.' "Leave be granted to change the Respondent's name from Leichhardt Council to Inner West Council." "The Applicant is granted leave to rely on the amended plans as referred to in the conditions of consent contained in Annexure 'A'." "The Modification application filed with the Court pursuant...