Papallo v Cumberland Council [2018] NSWLEC 1127

Papallo v Cumberland Council [2018] NSWLEC 1127

Parties reached agreement during conciliation; the Court was satisfied the decision could properly be made; orders were made under s 34(3) of the Land and Environment Court Act 1979 to approve the development application as amended and allow the appeal, subject to stated conditions.

Jurisdiction
Australia
Judgment Date
12 March 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; orders made by agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'approval of Boarding House' 'section 34 Land and Environment Court Act 1979']
['planning and Environment'] ['development Application' 'conciliation Conference' 'approval of Boarding House' 'section 34 Land and Environment Court Act 1979']

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Procedural Posture

Development Application Appeal / Post Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether the parties have reached an agreement under s 34(3) of the Land and Environment Court Act 1979 regarding the development application' 'Whether the Court is satisfied the decision could properly be made in exercise of its functions under the Act']

Ratio Decidendi

Parties reached agreement during conciliation; the Court was satisfied the decision could properly be made; orders were made under s 34(3) of the Land and Environment Court Act 1979 to approve the development application as amended and allow the appeal, subject to stated conditions.

Court Disposition

Appeal upheld; development application approved subject to conditions; orders made by agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['Leave granted to Applicant to amend development application DA2017/184 by substituting specified plans.' 'Appeal is upheld.' "Development Application DA 2017/184 for demolition of existing buildings and construction of a part 3, part 4 storey boarding house comprising 18 rooms and 1 managers residence over...