Optimal Enterprises Pty Ltd v Strathfield Municipal Council [2016] NSWLEC 1453

Optimal Enterprises Pty Ltd v Strathfield Municipal Council [2016] NSWLEC 1453

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court, being satisfied the agreement was one it could make, made orders accordingly to approve the development application subject to conditions and required payment of costs relating to amendments.

Parties
Applicant: Optimal Enterprises Pty Ltd; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
23 September 2016
Procedural Posture
Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld, development application approved subject to conditions, costs ordered against applicant
Legal Topics
Development Application, Demolition of Structures, Construction of Mixed Use Development, Conciliation Conference, Agreement Between Parties
Planning and Environment Development Application Demolition of Structures Construction of Mixed Use Development Conciliation Conference Agreement Between Parties

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Parties

Optimal Enterprises Pty Ltd

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether Development Application No 2016/014 for demolition and construction of a mixed use development should be approved

Ratio Decidendi

The parties reached agreement under s 34(3) of the Land and Environment Court Act 1979 and the Court, being satisfied the agreement was one it could make, made orders accordingly to approve the development application subject to conditions and required payment of costs relating to amendments.

Court Disposition

Appeal upheld, development application approved subject to conditions, costs ordered against applicant

Orders

  • The Appeal is upheld.
  • Development Application No 2016/014 for demolition of existing structures and construction of a seven storey mixed use development comprising one ground floor commercial/retail tenancy and forty-three residential units comprising five 1 bedroom and thirty-eight 2 bedroom units above two levels of basement car...