Faraj v Georges River Council [2020] NSWLEC 1674

Faraj v Georges River Council [2020] NSWLEC 1674

The Court upheld the appeal and granted conditional development consent as all jurisdictional prerequisites were met and the agreement between parties was one the Court could properly make under the relevant law.

Parties
Applicant: Hassib Faraj; Respondent: Georges River Council
Jurisdiction
Australia
Judgment Date
23 December 2020
Procedural Posture
Appeal Development Application (class 1) / Post Conciliation Conference Determination
Outcome
Appeal upheld. Development consent granted subject to conditions.
Legal Topics
Modification Application, Conciliation Conference, Development Consent, Boarding Houses, Jurisdictional Prerequisites
Environmental Law Planning Law Modification Application Conciliation Conference Development Consent Boarding Houses Jurisdictional Prerequisites

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Parties

Hassib Faraj

Applicant

Georges River Council

Respondent

Procedural Posture

Appeal Development Application (class 1) / Post Conciliation Conference Determination

Legal Issues

  1. 1 Whether jurisdictional prerequisites for upholding an appeal and granting consent to a development application have been satisfied
  2. 2 Whether the parties' decision is one the Court could have made under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The Court upheld the appeal and granted conditional development consent as all jurisdictional prerequisites were met and the agreement between parties was one the Court could properly make under the relevant law.

Court Disposition

Appeal upheld. Development consent granted subject to conditions.

Orders

  • Leave is granted to the Applicant to rely on identified amended plans and documents.
  • Applicant to pay Respondent's costs thrown away by the amendment in the amount of $7,000 by 23 December 2020.