Alameddine v Canterbury-Bankstown Council [2018] NSWLEC 1218

Alameddine v Canterbury-Bankstown Council [2018] NSWLEC 1218

The Court disposed of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, granting consent to the amended development application subject to specified conditions.

Jurisdiction
Australia
Judgment Date
07 May 2018
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application consent granted subject to conditions; applicant to pay respondent's thrown away costs as a result of amendments
Legal Topics
['development Application' 'conciliation Conference' 'amended Plans' 'costs']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'amended Plans' 'costs']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the amended development application should be approved per agreement under s 34(3) of the Land and Environment Court Act 1979' 'Determination of consent subject to conditions']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, granting consent to the amended development application subject to specified conditions.

Court Disposition

Appeal upheld; development application consent granted subject to conditions; applicant to pay respondent's thrown away costs as a result of amendments

Orders

  • ['Leave is granted to the applicant to amend the development application by relying on specified amended plans' "Applicant to pay respondent's thrown away costs resulting from amending the application as agreed or assessed on the ordinary basis" 'The appeal is upheld' 'Development Application DA-78/2017 (as amended)...