Fam v Fairfield City Council [2024] NSWLEC 1721

Fam v Fairfield City Council [2024] NSWLEC 1721

As the parties' agreement is a decision the Court may have made in the proper exercise of its functions, and jurisdictional prerequisites are satisfied, the appeal is upheld and the order is modified accordingly.

Parties
First Applicant: Richard Fam; Second Applicant: Liz Fam; Respondent: Fairfield City Council
Jurisdiction
Australia
Judgment Date
11 October 2024
Procedural Posture
Class 1 Appeal / Disposition Following Conciliation Conference
Outcome
Appeal upheld. Orders made by consent; Development Control Order modified.
Legal Topics
Development Control Order, Demolish Works Order, Modification of Order, Appeal Procedure, Conciliation Conference
Planning and Environment Law Development Control Order Demolish Works Order Modification of Order Appeal Procedure Conciliation Conference

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 2 Authorities cited 2 Party arguments 2
Sign in to unlock

Parties

Richard Fam

First Applicant

Liz Fam

Second Applicant

Fairfield City Council

Respondent

Procedural Posture

Class 1 Appeal / Disposition Following Conciliation Conference

Legal Issues

  1. 1 Whether the jurisdictional prerequisites for modification of a development control order under s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979 are satisfied
  2. 2 Whether the parties' agreement could be made by the Court in exercise of its powers

Ratio Decidendi

As the parties' agreement is a decision the Court may have made in the proper exercise of its functions, and jurisdictional prerequisites are satisfied, the appeal is upheld and the order is modified accordingly.

Court Disposition

Appeal upheld. Orders made by consent; Development Control Order modified.

Orders

  • The appeal is upheld.
  • Pursuant to s 8.18(4)(b) of the Environmental Planning and Assessment Act 1979, the terms of the Development Control Order No.3 dated 5 September 2023 given by Fairfield City Council to Mr Richard Fam and Ms Liz Fam and relating to 36 Riverview Road Fairfield NSW 2165 legally described as Lot 75 DP 11685, Lot 1 DP...