Abrahim v Georges River Council [2019] NSWLEC 1135

Abrahim v Georges River Council [2019] NSWLEC 1135

The amended development application complies with the relevant environmental planning instruments and jurisdictional requirements, and the parties' agreement is lawful; the appeal is therefore upheld and consent granted subject to conditions.

Jurisdiction
Australia
Judgment Date
01 April 2019
Procedural Posture
Class 1 Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development consent granted with conditions; costs ordered
Legal Topics
['development Application Appeal' 'conciliation Agreement' 'development Consent Conditions']
['planning Law' 'environmental Law'] ['development Application Appeal' 'conciliation Agreement' 'development Consent Conditions']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the proposed development complies with Kogarah Local Environment Plan 2012' 'Whether the proposal satisfies the State Environmental Planning Policy No 65—Design Quality of Residential Apartment Development' 'Whether jurisdictional prerequisites under s 4.15(1) of the Environmental Planning and Assessment Act 1979 are met']

Ratio Decidendi

The amended development application complies with the relevant environmental planning instruments and jurisdictional requirements, and the parties' agreement is lawful; the appeal is therefore upheld and consent granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted with conditions; costs ordered

Orders

  • ["Applicant is granted leave to rely on the amended plans marked Annexure 'A' for the development application." "Applicant to pay respondent's costs thrown away under section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the agreed amount of $12,000 within 28 days." 'The appeal is upheld.'...