Challis Ave Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1158

Challis Ave Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1158

The appeal is upheld and the amended development application is approved, in accordance with the parties' agreement reached at conciliation and as permitted by s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
29 March 2018
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld and development application as amended approved by consent, subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ["Whether to uphold the appeal against Council's deemed refusal of a development application" 'Whether the proposed development should be approved and under what conditions']

Ratio Decidendi

The appeal is upheld and the amended development application is approved, in accordance with the parties' agreement reached at conciliation and as permitted by s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld and development application as amended approved by consent, subject to conditions.

Orders

  • ["The Applicant is granted leave to amend the development application in accordance with the plans referred to in condition 6 of Annexure 'A'." "The Applicant is to pay the Respondent's costs pursuant to s 8.15(3) of the Environment Planning and Assessment Act 1979 in the sum of $6,000.00 within 28 days of the...