Zaki v Inner West Council [2023] NSWLEC 1571

Zaki v Inner West Council [2023] NSWLEC 1571

The Court was satisfied, on the evidence and after considering the Council's Statement of Jurisdictional Issues, that the agreed grant of consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, including because relevant planning preconditions concerning zoning, earthworks and land suitability were considered or satisfied.

Jurisdiction
Australia
Judgment Date
29 September 2023
Procedural Posture
Class 1 Appeal Against Refusal of Development Application / Conciliation Conference Agreement and Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'centre Based Childcare Centre' 'conciliation Conference' 'grant of Development Consent' 'jurisdictional Preconditions']
['planning and Environment Law'] ['development Application' 'centre Based Childcare Centre' 'conciliation Conference' 'grant of Development Consent' 'jurisdictional Preconditions']

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 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Refusal of Development Application / Conciliation Conference Agreement and Final Orders

Legal Issues

  1. 1 ["Whether the parties' agreed decision was a decision the Court could have made in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979." 'Whether preconditions to granting development consent for the proposed alterations, additions and change of use to a centre-based childcare centre were satisfied.']

Ratio Decidendi

The Court was satisfied, on the evidence and after considering the Council's Statement of Jurisdictional Issues, that the agreed grant of consent subject to conditions was a decision the Court could have made in the proper exercise of its functions, including because relevant planning preconditions concerning zoning, earthworks and land suitability were considered or satisfied.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The appeal is upheld.' 'Development Application No. 2021/0941 for alterations and additions to an existing building and change of use to a centre-based childcare centre, on Lots 3-6 in DP2294, known as 373-383 Illawarra Road, Marrickville NSW, is determined by the grant of consent, subject to conditions contained...