KongHwa Laundry (Sydney) Pty Ltd v Cumberland Council [2017] NSWLEC 1497
The parties reached agreement at a conciliation conference on the terms of a decision, and the Court was satisfied the decision was one it could have made according to s 34(3) of the Land and Environment Court Act 1979, thus requiring disposal of the proceedings in accordance with that agreement.
- Jurisdiction
- Australia
- Judgment Date
- 12 September 2017
- Procedural Posture
- Appeal / Consent Orders Following Conciliation Conference
- Outcome
- Appeal upheld. Development Consent modified by agreement.
- Legal Topics
- ['development Application' 'conciliation Conference' 'modification of Consent']
Case Brief
Summary, issues, holding and outcome
More case intelligence is available
Unlock the full research layer for this judgment.
Procedural Posture
Appeal / Consent Orders Following Conciliation Conference
Legal Issues
- 1 ['Whether Development Consent No. DA-2016/8/1 should be modified to permit use of the building as a commercial laundry']
Ratio Decidendi
The parties reached agreement at a conciliation conference on the terms of a decision, and the Court was satisfied the decision was one it could have made according to s 34(3) of the Land and Environment Court Act 1979, thus requiring disposal of the proceedings in accordance with that agreement.
Court Disposition
Appeal upheld. Development Consent modified by agreement.
Orders
- ['Leave granted to rely on specified documents subject of Modification Application No. 2016/8/2' 'The appeal is upheld' "Development Consent No. DA-2016/8/1 modified pursuant to section 96(1A) of the Environmental Planning and Assessment Act 1979 as set out in Annexure 'A'" "Development Consent is subject to...
Full Case Text
Judgment text and source record
Sign in to read
Sign in to read the full judgment text
Sign in to read the full judgment text. Downloads and additional research tools may depend on your plan.
Sign in to read the full judgment