Touma v Canterbury Bankstown Council [2017] NSWLEC 1455

Touma v Canterbury Bankstown Council [2017] NSWLEC 1455

An agreement was reached under s 34(3) Land and Environment Court Act 1979 at a conciliation conference. The Court was satisfied the decision could have been made in the proper exercise of its functions, and therefore disposed of the proceedings in accordance with the agreement.

Parties
Applicant: John Joseph Touma; Respondent: Canterbury Bankstown Council
Jurisdiction
Australia
Judgment Date
22 August 2017
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
Development Applications, Conciliation Conference, Agreement Under S 34(3) Land and Environment Court Act 1979
Environmental Law Planning Law Development Applications Conciliation Conference Agreement Under S 34(3) Land and Environment Court Act 1979

Case Brief

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Parties

John Joseph Touma

Applicant

Canterbury Bankstown Council

Respondent

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Whether an agreement reached under s 34(3) of the Land and Environment Court Act 1979 can be disposed of by the Court
  2. 2 Whether the development application should be approved

Ratio Decidendi

An agreement was reached under s 34(3) Land and Environment Court Act 1979 at a conciliation conference. The Court was satisfied the decision could have been made in the proper exercise of its functions, and therefore disposed of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Development Application 43/2017 for the erection of a two storey detached dwelling at 82 Floss Street, Hurlstone Park, is approved, subject to the conditions set out in Annexure A.