MN Sukkar Pty Ltd v Cumberland Council [2020] NSWLEC 1050

MN Sukkar Pty Ltd v Cumberland Council [2020] NSWLEC 1050

Because the agreement reached at the conciliation conference results in a decision that the Court could make in the exercise of its functions, and all identified jurisdictional preconditions are satisfied, the appeal is upheld and development consent is granted subject to conditions.

Jurisdiction
Australia
Judgment Date
07 February 2020
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions by agreement.
Legal Topics
['development Application' 'multi Dwelling Housing' 'consent Orders' 'conciliation Conference']
['planning and Environment Law'] ['development Application' 'multi Dwelling Housing' 'consent Orders' 'conciliation Conference']

Case Brief

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Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application should be approved subject to conditions' 'Whether agreement reached at conciliation conference satisfies legislative preconditions']

Ratio Decidendi

Because the agreement reached at the conciliation conference results in a decision that the Court could make in the exercise of its functions, and all identified jurisdictional preconditions are satisfied, the appeal is upheld and development consent is granted subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions by agreement.

Orders

  • ["The Applicant is granted leave to rely upon the amended plans set out in Annexure 'A'." 'The appeal is upheld.' "Development Application number DA-93/2019 for demolition of existing structures and construction of six (6) townhouses over basement car parking on Lot Y in Deposited Plan 403688 otherwise known as 116...