Fernside Developments Pty Ltd v Canterbury-Bankstown Council [2020] NSWLEC 1025
The appeal was upheld and development consent granted because the parties reached agreement on amended plans addressing all relevant contentions, enabling the Court to approve the development as it could have in due exercise of its functions under s 34(3) LEC Act.
- Parties
- Applicant: Fernside Developments Pty Ltd; Respondent: Canterbury-Bankstown Council
- Jurisdiction
- Australia
- Judgment Date
- 17 January 2020
- Procedural Posture
- Class 1 Development Appeal / Determination Following Conciliation Conference
- Outcome
- Appeal upheld; development application approved with conditions.
- Legal Topics
- Development Application, Conciliation Conference, Consent Orders
Case Brief
Summary, issues, holding and outcome
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Parties
Fernside Developments Pty Ltd
Applicant
Canterbury-Bankstown Council
Respondent
Procedural Posture
Class 1 Development Appeal / Determination Following Conciliation Conference
Legal Issues
- 1 Whether the development application DA-539/2018 should be approved subject to conditions after amendment of plans and agreement between parties
Ratio Decidendi
The appeal was upheld and development consent granted because the parties reached agreement on amended plans addressing all relevant contentions, enabling the Court to approve the development as it could have in due exercise of its functions under s 34(3) LEC Act.
Court Disposition
Appeal upheld; development application approved with conditions.
Orders
- The Appeal in proceedings no 2019/00150610 is upheld.
- Development application DA-539/2018 is approved, subject to the conditions in Annexure 'A'.
Full Case Text
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