Zeitouni & anor v Inner West Council. [2016] NSWLEC 1319

Zeitouni & anor v Inner West Council. [2016] NSWLEC 1319

The court, upon being satisfied with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, disposed of the proceedings by granting leave to amend the modification application, upholding the appeal, approving the proposed modifications, and setting out consolidated development consent conditions.

Jurisdiction
Australia
Judgment Date
08 August 2016
Procedural Posture
Modification Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; modification approved by agreement under s 34(3) of the Land and Environment Court Act 1979
Legal Topics
['modification Application' 'fencing and Balustrades' 'consent Orders' 'section 34 Agreement']
['planning and Environment Law'] ['modification Application' 'fencing and Balustrades' 'consent Orders' 'section 34 Agreement']

Case Brief

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Procedural Posture

Modification Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the modification application should be approved as agreed by the parties' 'Whether leave should be granted to amend the modification application']

Ratio Decidendi

The court, upon being satisfied with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979, disposed of the proceedings by granting leave to amend the modification application, upholding the appeal, approving the proposed modifications, and setting out consolidated development consent conditions.

Court Disposition

Appeal upheld; modification approved by agreement under s 34(3) of the Land and Environment Court Act 1979

Orders

  • ['The applicant is granted leave to amend the modification application by substituting nominated plans.' 'The appeal is upheld.' 'The modification application to modify Development Consent No. D/2014/20 is approved as set out in Annexure A.' 'Development Consent No. D/2014/20 is subject to the consolidated, modified...