Anthony Oddo v Canterbury – Bankstown Council [2017] NSWLEC 1082
The proceedings are disposed of by agreement reached at conciliation conference, as permitted by the Land and Environment Court Act 1979 s34(3); development consent is granted as per amended plans and conditions.
- Parties
- Applicant: Anthony Oddo; Applicant: Joanne Oddo; Respondent: Canterbury – Bankstown Council
- Jurisdiction
- Australia
- Judgment Date
- 22 February 2017
- Procedural Posture
- Appeal / Final Orders After Conciliation Conference
- Outcome
- Appeal upheld; development consent granted by agreement; costs orders made as to amendments
- Legal Topics
- Development Applications, Consent Orders, Appeals Against Refusal
Case Brief
Summary, issues, holding and outcome
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Parties
Anthony Oddo
Applicant
Joanne Oddo
Applicant
Canterbury – Bankstown Council
Respondent
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Legal Issues
- 1 Whether development consent should be granted for DA 95/2016 after parties' agreement at conciliation
- 2 Costs resulting from amendment to the development application
Ratio Decidendi
The proceedings are disposed of by agreement reached at conciliation conference, as permitted by the Land and Environment Court Act 1979 s34(3); development consent is granted as per amended plans and conditions.
Court Disposition
Appeal upheld; development consent granted by agreement; costs orders made as to amendments
Orders
- Applicant given leave to amend development application with specified plans.
- Applicant to pay Respondent's costs thrown away as a result of amendment, pursuant to s97B(2) Environmental Planning and Assessment Act 1979.
Full Case Text
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