Wilk Super No.1 Pty Ltd v Inner West Council [2018] NSWLEC 1418

Wilk Super No.1 Pty Ltd v Inner West Council [2018] NSWLEC 1418

Agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and acceptable both to the parties and to the Court, which was satisfied that the decision was one the Court could properly make. Therefore, the Court was required to dispose of the proceedings in accordance with the agreement.

Parties
Applicant: Wilk Super No.1 Pty Ltd; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Class 1 / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application amended and approved subject to conditions
Legal Topics
Development Application, Court Act S 34(3) Agreement
Planning and Environment Development Application Court Act S 34(3) Agreement

Case Brief

Summary, issues, holding and outcome

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Parties

Wilk Super No.1 Pty Ltd

Applicant

Inner West Council

Respondent

Procedural Posture

Class 1 / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and acceptable to the parties
  2. 2 Whether amended development plans should be approved

Ratio Decidendi

Agreement under s 34(3) of the Land and Environment Court Act 1979 was reached and acceptable both to the parties and to the Court, which was satisfied that the decision was one the Court could properly make. Therefore, the Court was required to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld; development application amended and approved subject to conditions

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to amend Development Application No. D/2017/558 and to rely on specified amended plans and documents.