Joseph Russo v Blacktown City Council [2017] NSWLEC 1622

Joseph Russo v Blacktown City Council [2017] NSWLEC 1622

The appeal is upheld and the development application approved because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, which was acceptable to the Court. The orders give effect to that agreement.

Jurisdiction
Australia
Judgment Date
07 November 2017
Procedural Posture
Appeal / Conciliation Conference – Final Orders
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'appeal' 'conciliation Conference']
['planning and Environment'] ['development Application' 'appeal' 'conciliation Conference']

Case Brief

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Procedural Posture

Appeal / Conciliation Conference – Final Orders

Legal Issues

  1. 1 ['Whether the refusal of Development Application No. SPP-16-04466 should be upheld or overturned']

Ratio Decidendi

The appeal is upheld and the development application approved because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979, which was acceptable to the Court. The orders give effect to that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The appeal is upheld.' "Development application No. SPP-16-04466 for the construction of 320 units above basement parking in two stages at 25 Macquarie Road, Rouse Hill, is approved subject to the conditions of consent set out in Annexure 'A'."]