Kadi v Canterbury-Bankstown Council [2022] NSWLEC 1218

Kadi v Canterbury-Bankstown Council [2022] NSWLEC 1218

The appeal is upheld and development consent granted as all jurisdictional prerequisites of the relevant planning instruments have been satisfied, and the parties reached an agreement the Court could properly adopt under s 34 LEC Act.

Jurisdiction
Australia
Judgment Date
03 May 2022
Procedural Posture
Class 1 Appeal / Conciliation Conference and Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
['development Application' 'residential Apartment Development' 'consent Authority' 'conciliation Conference']
['planning Law' 'environmental Law'] ['development Application' 'residential Apartment Development' 'consent Authority' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference and Orders

Legal Issues

  1. 1 ['Whether amended Development Application DA216/2021 should be granted consent' 'Compliance with pre-jurisdictional requirements of relevant planning instruments']

Ratio Decidendi

The appeal is upheld and development consent granted as all jurisdictional prerequisites of the relevant planning instruments have been satisfied, and the parties reached an agreement the Court could properly adopt under s 34 LEC Act.

Court Disposition

Appeal upheld; development consent granted

Orders

  • ["Applicant is to pay Respondent's costs pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount $5,500 within 28 days" 'The appeal is upheld' 'Consent is granted to amended Development Application DA216/2021 subject to conditions in Annexure A']