Nabil Moussad v Blacktown City Council [2017] NSWLEC 1347

Nabil Moussad v Blacktown City Council [2017] NSWLEC 1347

The agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, being acceptable to the Court, requires the Commissioner to dispose of the proceedings by formal orders reflecting the agreed terms.

Parties
Applicant: Nabil Moussad; Respondent: Blacktown City Council
Jurisdiction
Australia
Judgment Date
30 June 2017
Procedural Posture
Development Application Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs order in agreed sum for respondent.
Legal Topics
Development Application, Conciliation Conference, Agreed Orders
Planning and Environment Development Application Conciliation Conference Agreed Orders

Case Brief

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Parties

Nabil Moussad

Applicant

Blacktown City Council

Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 Whether the parties reached an agreement acceptable to the Court for disposal of the proceedings under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The agreement between the parties under s 34(3) of the Land and Environment Court Act 1979, being acceptable to the Court, requires the Commissioner to dispose of the proceedings by formal orders reflecting the agreed terms.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs order in agreed sum for respondent.

Orders

  • The applicant is granted leave to amend the development application and rely on the plans referred to in Condition 2.1.1 of Annexure 'A' to this agreement.
  • The Appeal is upheld.