Samir Alzaidi v Campbelltown City Council [2017] NSWLEC 1579

Samir Alzaidi v Campbelltown City Council [2017] NSWLEC 1579

An agreement reached under s 34(3) of the Land and Environment Court Act 1979 was accepted and is a decision the Court could have made; therefore the appeal is upheld and Development Application No. DA-2750/2015/DA-BH is approved subject to stated conditions.

Parties
Applicant: Samir Alzaidi; Respondent: Campbelltown City Council
Jurisdiction
Australia
Judgment Date
13 October 2017
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
Development Application, Conciliation Conference, Boarding House Approval
Planning and Environment Development Application Conciliation Conference Boarding House Approval

Case Brief

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Parties

Samir Alzaidi

Applicant

Campbelltown City Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether an agreement reached at conciliation conference under s 34(3) of the Land and Environment Court Act 1979 should be given effect
  2. 2 Approval of alterations and additions to an existing dwelling for use as a boarding house

Ratio Decidendi

An agreement reached under s 34(3) of the Land and Environment Court Act 1979 was accepted and is a decision the Court could have made; therefore the appeal is upheld and Development Application No. DA-2750/2015/DA-BH is approved subject to stated conditions.

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • The appeal is upheld.
  • Leave is granted to rely on specified documents relating to Development Application No. DA-2750/2015/DA-BH.