Lysenko v Strathfield Municipal Council [2021] NSWLEC 1164

Lysenko v Strathfield Municipal Council [2021] NSWLEC 1164

As all statutory requirements and planning controls are satisfied, and following agreement between the parties at a conciliation conference, it is appropriate under s 34(3) of the Land and Environment Court Act 1979 to grant development consent to the amended application with conditions.

Parties
Applicant: Nicholas Lysenko; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
07 April 2021
Procedural Posture
Appeal (development Application) / Final Judgment After Conciliation Conference
Outcome
Appeal upheld; consent granted subject to conditions
Legal Topics
Development Application, Appeal, Conciliation Conference, Development Consent, Land Use Zoning
Planning and Environment Law Development Application Appeal Conciliation Conference Development Consent Land Use Zoning

Case Brief

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Parties

Nicholas Lysenko

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Appeal (development Application) / Final Judgment After Conciliation Conference

Legal Issues

  1. 1 Whether consent should be granted for the proposed development at 13 Victoria Street, Strathfield
  2. 2 Whether the amended development application meets the relevant planning controls and statutory preconditions

Ratio Decidendi

As all statutory requirements and planning controls are satisfied, and following agreement between the parties at a conciliation conference, it is appropriate under s 34(3) of the Land and Environment Court Act 1979 to grant development consent to the amended application with conditions.

Court Disposition

Appeal upheld; consent granted subject to conditions

Orders

  • The appeal is upheld.
  • Consent is granted to Development Application No. 2020/110/1 for demolition of all structures on land and the erection of a 2 storey dwelling with a swimming pool and alfresco dining area, basement car park for 2 cars, landscaping and a front fence with side returns as 13 Victoria Street, Strathfield, subject to the...