Spiby v Canterbury-Bankstown Council [2018] NSWLEC 1148

Spiby v Canterbury-Bankstown Council [2018] NSWLEC 1148

The Court, satisfied that the agreement between the parties was one the Court could make, was required to dispose of the proceedings in accordance with the agreement and grant the development consent subject to agreed conditions.

Parties
Applicant: John Spiby; Respondent: Canterbury-Bankstown Council
Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs payable as agreed or assessed
Legal Topics
Development Application, Conciliation Conference, Development Consent
Planning and Environment Development Application Conciliation Conference Development Consent

Case Brief

Summary, issues, holding and outcome

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Parties

John Spiby

Applicant

Canterbury-Bankstown Council

Respondent

Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for a double storey dwelling and detached secondary dwelling at 48 Bazentin Street, Belfield

Ratio Decidendi

The Court, satisfied that the agreement between the parties was one the Court could make, was required to dispose of the proceedings in accordance with the agreement and grant the development consent subject to agreed conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs payable as agreed or assessed

Orders

  • The Applicant is granted leave to rely upon certain architectural and stormwater management plans.
  • The Appeal is upheld.