Ham v Mosman Municipal Council [2018] NSWLEC 1672
The appeal is upheld and development consent is granted as the proposed development is permissible in the R2 Low Density Residential zone and the agreement between the parties is a decision the Court could make in the proper exercise of its functions.
- Parties
- Applicant: Kiam Ham; Respondent: Mosman Municipal Council
- Jurisdiction
- Australia
- Judgment Date
- 20 December 2018
- Procedural Posture
- Appeal Against Development Application Refusal / Disposition After Conciliation Conference
- Outcome
- Appeal upheld; development consent granted subject to conditions
- Legal Topics
- Development Applications, Conciliation Conference, Development Consent, Demolition and Construction of Dwelling
Case Brief
Summary, issues, holding and outcome
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Parties
Kiam Ham
Applicant
Mosman Municipal Council
Respondent
Procedural Posture
Appeal Against Development Application Refusal / Disposition After Conciliation Conference
Legal Issues
- 1 Whether the refusal of development application 8.2018.15.1 by Mosman Municipal Council should be upheld or overturned
- 2 Whether the Court should grant development consent after agreement between parties at a conciliation conference
Ratio Decidendi
The appeal is upheld and development consent is granted as the proposed development is permissible in the R2 Low Density Residential zone and the agreement between the parties is a decision the Court could make in the proper exercise of its functions.
Court Disposition
Appeal upheld; development consent granted subject to conditions
Orders
- The applicant is granted leave to rely on the approved plans and documentation in Annexure A.
- Appeal upheld.
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