Zoabi v Canterbury-Bankstown Council [2018] NSWLEC 1417

Zoabi v Canterbury-Bankstown Council [2018] NSWLEC 1417

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 that the development application should be approved on certain conditions, and the Court was satisfied it could make such a decision, the Court disposed of the proceedings in accordance with the agreement and issued the orders accordingly.

Jurisdiction
Australia
Judgment Date
09 August 2018
Procedural Posture
Development Application Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs thrown away to respondent as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 ['Whether the appeal against the refusal or deemed refusal of development application should be upheld pursuant to agreement reached under s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 that the development application should be approved on certain conditions, and the Court was satisfied it could make such a decision, the Court disposed of the proceedings in accordance with the agreement and issued the orders accordingly.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs thrown away to respondent as agreed or assessed.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the plans referred to in Condition 6 (General) of Annexure "A" to this agreement.' 'The Appeal is upheld.' 'Development Application Number 422/2017 for the demolition of existing structures and the construction of 9 industrial units...