Feng v Canterbury-Bankstown Council [2020] NSWLEC 1452

Feng v Canterbury-Bankstown Council [2020] NSWLEC 1452

The parties reached agreement at a conciliation conference to allow the development application, subject to deferred commencement conditions requiring acquisition of community land to satisfy street frontage controls. As the agreement was one the Court could make and no jurisdictional impediment existed, the Court was required to make orders accordingly under s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
24 September 2020
Procedural Posture
Class 1 Appeal / Post Conciliation; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Applications' 'conciliation Conferences' 'deferred Commencement Conditions' 'land Subdivision' 'dual Occupancy']
['planning and Environment'] ['development Applications' 'conciliation Conferences' 'deferred Commencement Conditions' 'land Subdivision' 'dual Occupancy']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation; Final Orders

Legal Issues

  1. 1 ['Whether development application for demolition of secondary dwelling and construction of detached dual occupancy with subdivision should be approved subject to conditions' "Whether parties' agreement can be adopted by the Court under s 34 of the Land and Environment Court Act 1979"]

Ratio Decidendi

The parties reached agreement at a conciliation conference to allow the development application, subject to deferred commencement conditions requiring acquisition of community land to satisfy street frontage controls. As the agreement was one the Court could make and no jurisdictional impediment existed, the Court was required to make orders accordingly under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The Applicant is granted leave to amend the development application and rely upon the plans as specified.' 'The appeal is upheld.' 'Development application DA-1011/2019 for demolition of secondary dwelling and formation of detached dual occupancy with associated Torrens title subdivision at 3 Loftus Street,...