Sharma v Strathfield Municipal Council [2019] NSWLEC 1245

Sharma v Strathfield Municipal Council [2019] NSWLEC 1245

As the parties reached agreement at conciliation and all jurisdictional requirements for the grant of development consent were satisfied, the Court is required by s 34(3) of the LEC Act to make orders in accordance with the parties’ decision.

Jurisdiction
Australia
Judgment Date
06 June 2019
Procedural Posture
Development Appeal (class 1) / Decision Following Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Consent' 'refusal of Development Application' 'conciliation Conference Under S 34 of the LEC Act']
['planning and Environment'] ['development Consent' 'refusal of Development Application' 'conciliation Conference Under S 34 of the LEC Act']

Case Brief

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Procedural Posture

Development Appeal (class 1) / Decision Following Conciliation Conference

Legal Issues

  1. 1 ['Whether leave should be granted to the applicant to rely on amended plans' 'Whether development consent should be granted for demolition and construction of a residential dwelling and basement car parking']

Ratio Decidendi

As the parties reached agreement at conciliation and all jurisdictional requirements for the grant of development consent were satisfied, the Court is required by s 34(3) of the LEC Act to make orders in accordance with the parties’ decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['Leave is granted to the applicant to rely on the amended architectural and landscape plans set out in condition 2.1 of Annexure A.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. DA2018/37 for the demolition of existing buildings and construction of a two storey residential...