MHT Equities v Strathfield Municipal Council [2016] NSWLEC 1428

MHT Equities v Strathfield Municipal Council [2016] NSWLEC 1428

The proceedings were disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979, upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
20 September 2016
Procedural Posture
Development Application Appeal / Conciliation Conference; Consent Orders
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference; Consent Orders

Legal Issues

  1. 1 ["Whether to uphold appeal against council's refusal of development application for residential flat building."]

Ratio Decidendi

The proceedings were disposed of in accordance with parties' agreement under s 34(3) of the Land and Environment Court Act 1979, upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Appeal is upheld.' "Development Application No 2015/060 is approved subject to conditions set out in Annexure 'A' to this agreement." 'The Applicant is granted leave to rely on the amended plans and documents listed in the orders.' "The Applicant is to pay the Respondent's costs thrown away as a result of...