Tao v Parramatta City Council [2020] NSWLEC 1132
The Court is satisfied that all statutory prerequisites for granting development consent are met, the consent sought is permissible within the zoning and planning framework, and the agreement between the parties is a decision the Court could have made; the appeal is upheld and consent granted subject to conditions.
- Jurisdiction
- Australia
- Judgment Date
- 19 March 2020
- Procedural Posture
- Appeal / Orders After Conciliation Conference
- Outcome
- Appeal upheld; consent granted with conditions
- Legal Topics
- ['development Application' 'conciliation Conference' 'court Consent Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Appeal / Orders After Conciliation Conference
Legal Issues
- 1 ['Whether development application for alterations and additions to a dwelling house should be approved' 'Whether jurisdictional and statutory prerequisites are satisfied for consent']
Ratio Decidendi
The Court is satisfied that all statutory prerequisites for granting development consent are met, the consent sought is permissible within the zoning and planning framework, and the agreement between the parties is a decision the Court could have made; the appeal is upheld and consent granted subject to conditions.
Court Disposition
Appeal upheld; consent granted with conditions
Orders
- ['The Applicant is granted leave to amend Development Application No. 242/2019 to rely on amended plans and documentation listed in the judgment.' 'The appeal is upheld.' "Development Application No. 242/2019 for alterations and additions to a single storey dwelling house at 86 Eastwood Avenue, Epping is approved,...
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