Khoury v Cumberland Council [2024] NSWLEC 1573

Khoury v Cumberland Council [2024] NSWLEC 1573

The Court was satisfied, based on parties' submissions and evidence, that there is no jurisdictional impediment and all relevant statutory and policy requirements are met; therefore, the appeal is upheld and consent granted in accordance with the parties' agreement and subject to conditions.

Parties
Applicant: Chris Khoury; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
17 September 2024
Procedural Posture
Appeal / Final Orders Following Conciliation Conference and Agreement Between the Parties
Outcome
Appeal upheld; development consent granted subject to conditions; applicant to pay Council's costs thrown away by amendment
Legal Topics
Development Application, Appeal, Centre Based Child Care Facility, Flooding, Local Environmental Plan, SEPP Compliance, Conciliation Conference
Environmental Law Planning Law Local Government Law Development Application Appeal Centre Based Child Care Facility Flooding Local Environmental Plan +2 more

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Parties

Chris Khoury

Applicant

Cumberland Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference and Agreement Between the Parties

Legal Issues

  1. 1 Whether development consent should be granted for a 100-place centre-based child care facility at 5-7 Richardson Street, Merrylands
  2. 2 Whether the development satisfies relevant statutory and policy criteria, including planning, flooding, and environmental controls

Ratio Decidendi

The Court was satisfied, based on parties' submissions and evidence, that there is no jurisdictional impediment and all relevant statutory and policy requirements are met; therefore, the appeal is upheld and consent granted in accordance with the parties' agreement and subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant to pay Council's costs thrown away by amendment

Orders

  • The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, agreed in the sum of $1,500 to be paid within 28 days of orders being made.
  • The appeal is upheld.