Bazouni v Cumberland Council [2019] NSWLEC 1584

Bazouni v Cumberland Council [2019] NSWLEC 1584

The appeal is upheld and development application approved as the jurisdictional prerequisites under the relevant planning instruments are satisfied, the height variation is justified under clause 4.6, and the Court must dispose of the proceedings in accordance with the parties' agreement.

Parties
First Applicant: Louie Bazouni; Second Applicant: Ramza Bazouni; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld, development application approved subject to conditions
Legal Topics
Residential Apartment Development, Affordable Housing, Conciliation Conference, Development Consent, Variation of Building Standards
Planning and Environment Residential Apartment Development Affordable Housing Conciliation Conference Development Consent Variation of Building Standards

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Parties

Louie Bazouni

First Applicant

Ramza Bazouni

Second Applicant

Cumberland Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the development application for demolition and construction of a residential flat building should be approved
  2. 2 Whether the jurisdictional prerequisites for consent under relevant planning instruments are satisfied
  3. 3 Whether the proposed variation of the height standard under the Holroyd Local Environmental Plan 2013 is justified

Ratio Decidendi

The appeal is upheld and development application approved as the jurisdictional prerequisites under the relevant planning instruments are satisfied, the height variation is justified under clause 4.6, and the Court must dispose of the proceedings in accordance with the parties' agreement.

Court Disposition

Appeal upheld, development application approved subject to conditions

Orders

  • Applicant granted leave to amend Development Application DA 2018/77/1 and rely on amended plans and documents listed in order 10(1)
  • Applicant to pay Respondent's costs as agreed or assessed per s 8.15(3) Environmental Planning and Assessment Act 1979