C&C Investment Trading Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1124

C&C Investment Trading Pty Ltd v Strathfield Municipal Council [2022] NSWLEC 1124

The parties agreed to terms at a conciliation conference and the Court was satisfied that jurisdictional preconditions were met and the decisions fell within its functions. The development consent for alterations and additions and the direction to issue a building information certificate were therefore granted, disposing of the proceedings by agreement.

Jurisdiction
Australia
Judgment Date
18 March 2022
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeals upheld by agreement. Development application approved and Council directed to issue building information certificate.
Legal Topics
['development Application' 'building Information Certificate' 'boarding House' 'conciliation Conference' 'heritage Item' 'agreement']
['planning and Environment'] ['development Application' 'building Information Certificate' 'boarding House' 'conciliation Conference' 'heritage Item' 'agreement']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent should be granted for alterations and additions to a boarding house and heritage item' 'Whether the Council should be directed to issue a building information certificate for works carried out at the premises']

Ratio Decidendi

The parties agreed to terms at a conciliation conference and the Court was satisfied that jurisdictional preconditions were met and the decisions fell within its functions. The development consent for alterations and additions and the direction to issue a building information certificate were therefore granted, disposing of the proceedings by agreement.

Court Disposition

Appeals upheld by agreement. Development application approved and Council directed to issue building information certificate.

Orders

  • ['Development Application DA2021/211 for alterations and additions to existing boarding house and heritage item (Merriwa) at 51-55 Homebush Road, Strathfield is approved subject to conditions in Annexure A.' 'The Respondent is directed to issue a Building Information Certificate for the boarding house at 51-55...