Abdul-Rahman v Cumberland Council [2020] NSWLEC 1162

Abdul-Rahman v Cumberland Council [2020] NSWLEC 1162

The appeal is upheld and development consent granted, as agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 satisfies the Court that the orders are permissible and there is no jurisdictional impediment.

Jurisdiction
Australia
Judgment Date
07 April 2020
Procedural Posture
Appeal / Class 1, Post Conciliation Conference, Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; leave granted for amended plans; applicant ordered to pay costs.
Legal Topics
['development Application' 'residential Flat Building' 'conciliation Conference' 'consent Orders']
['planning and Environment'] ['development Application' 'residential Flat Building' 'conciliation Conference' 'consent Orders']

Case Brief

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Procedural Posture

Appeal / Class 1, Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether development application for demolition and construction of a residential flat building should be approved' 'Whether leave should be granted to rely on amended plans' 'Whether costs are payable for amendments']

Ratio Decidendi

The appeal is upheld and development consent granted, as agreement between the parties under s 34(3) of the Land and Environment Court Act 1979 satisfies the Court that the orders are permissible and there is no jurisdictional impediment.

Court Disposition

Appeal upheld; development application approved subject to conditions; leave granted for amended plans; applicant ordered to pay costs.

Orders

  • ["The Applicant is granted leave to rely on the amended plans, copies of which are contained in Annexure 'A'." "The Applicant is to pay the Respondent's costs thrown away under s 8.15(3) of the Environmental Planning and Assessment Act 1979 and agreed in the amount of $7,350.00 within 28 days." 'The appeal is...