Samir Touma and Anor v Canterbury-Bankstown Council [2017] NSWLEC 1165

Samir Touma and Anor v Canterbury-Bankstown Council [2017] NSWLEC 1165

The Court was satisfied the agreement reached at conciliation conference pursuant to s34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made and so proceedings were disposed of in accordance with that agreement, with final orders granting development consent, approving amended plans, awarding costs to respondent, and upholding the appeal.

Parties
Applicant: Samir Touma; Applicant: Linda Touma; Respondent: Canterbury – Bankstown Council
Jurisdiction
Australia
Judgment Date
30 March 2017
Procedural Posture
Appeal / Post Conciliation Conference Disposition
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Conciliation Conference, Orders by Agreement
Planning and Development Development Application Conciliation Conference Orders by Agreement

Case Brief

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Parties

Samir Touma

Applicant

Linda Touma

Applicant

Canterbury – Bankstown Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference Disposition

Legal Issues

  1. 1 Terms of development consent for mixed use development
  2. 2 Whether amended plans could be relied upon
  3. 3 Costs disposed under statutory provision

Ratio Decidendi

The Court was satisfied the agreement reached at conciliation conference pursuant to s34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made and so proceedings were disposed of in accordance with that agreement, with final orders granting development consent, approving amended plans, awarding costs to respondent, and upholding the appeal.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Applicant granted leave to rely upon amended plans referred to in Annexure A
  • Applicant to pay Respondent's costs thrown away in sum of $15,000 within 28 days