Elazzi v Canterbury-Bankstown Council [2020] NSWLEC 1233

Elazzi v Canterbury-Bankstown Council [2020] NSWLEC 1233

The appeal is upheld and development consent is granted for the amended proposal because the amended plans and supporting documents satisfy all relevant statutory requirements and planning controls, and the agreement by the parties resolves all issues to the Court’s satisfaction.

Parties
First Applicant: Milad Tanios Elazzi; Second Applicant: Elie Abdallah; Third Applicant: Mahmoud Kaoutarani; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
29 May 2020
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions; costs ordered
Legal Topics
Development Application, Boarding House, Amenity, Character, Parking, Conciliation Conference, Consent Conditions
Planning and Environment Development Application Boarding House Amenity Character Parking Conciliation Conference Consent Conditions

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Parties

Milad Tanios Elazzi

First Applicant

Elie Abdallah

Second Applicant

Mahmoud Kaoutarani

Third Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether Development Application No. DA/328/2018 for a boarding house at 91 Duke Street, Campsie should be granted consent with conditions

Ratio Decidendi

The appeal is upheld and development consent is granted for the amended proposal because the amended plans and supporting documents satisfy all relevant statutory requirements and planning controls, and the agreement by the parties resolves all issues to the Court’s satisfaction.

Court Disposition

Appeal upheld; development consent granted with conditions; costs ordered

Orders

  • The Applicant is granted leave to rely on the specified amended plans and documents listed in the judgment.
  • The Applicant is to pay the Respondent's costs 'thrown away' as a result of the amendments in the agreed amount of $6,000.00 within 21 days.