Rogers v Inner West Council [2017] NSWLEC 1549

Rogers v Inner West Council [2017] NSWLEC 1549

The appeal is upheld and the development application is approved, including the clause 4.6 request, in accordance with terms agreed by the parties at a conciliation conference and as required by s 34(3) of the Land and Environment Court Act 1979. The orders give effect to the agreement and provide for costs and specific conditions as set out in the annexures.

Parties
Applicant: Tyler Rogers; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
06 October 2017
Procedural Posture
Appeal (class 1) / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; clause 4.6 request upheld; costs ordered against applicant
Legal Topics
Development Application, Subdivision, Demolition, Land Use, Local Environmental Plan, Conciliation Conference
Planning Law Environmental Law Development Application Subdivision Demolition Land Use Local Environmental Plan Conciliation Conference

Case Brief

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Parties

Tyler Rogers

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal (class 1) / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the development application for demolition, subdivision, and construction should be refused or approved
  2. 2 Whether the clause 4.6 request for variation of the Floor Space Ratio standard should be upheld
  3. 3 Agreement under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The appeal is upheld and the development application is approved, including the clause 4.6 request, in accordance with terms agreed by the parties at a conciliation conference and as required by s 34(3) of the Land and Environment Court Act 1979. The orders give effect to the agreement and provide for costs and specific conditions as set out in the annexures.

Court Disposition

Appeal upheld; development application approved subject to conditions; clause 4.6 request upheld; costs ordered against applicant

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend Development Application No. D/2016/497 and to rely upon specified amended plans and documents.