Mahabir v Cumberland Council [2019] NSWLEC 1541

Mahabir v Cumberland Council [2019] NSWLEC 1541

The Court, satisfied that all statutory preconditions are met and agreement reached at conciliation conference, disposed of the proceedings in accordance with the decision: leave to amend the application, grant of development consent subject to conditions, and payment of Council's costs.

Jurisdiction
Australia
Judgment Date
05 November 2019
Procedural Posture
Class 1 Appeal / Post Conciliation Conference Orders
Outcome
Appeal upheld; development application approved; leave granted to amend application; Council's costs ordered paid.
Legal Topics
['development Application' 'alterations and Additions to Dwelling House' 'neighbourhood Shop' 'conciliation Conference']
['planning and Environment'] ['development Application' 'alterations and Additions to Dwelling House' 'neighbourhood Shop' 'conciliation Conference']

Case Brief

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Procedural Posture

Class 1 Appeal / Post Conciliation Conference Orders

Legal Issues

  1. 1 ['Whether amended development application for alterations and additions to dwelling house and establishment of neighbourhood shop should be approved' 'Whether development complies with applicable planning controls' 'Whether the site is contaminated']

Ratio Decidendi

The Court, satisfied that all statutory preconditions are met and agreement reached at conciliation conference, disposed of the proceedings in accordance with the decision: leave to amend the application, grant of development consent subject to conditions, and payment of Council's costs.

Court Disposition

Appeal upheld; development application approved; leave granted to amend application; Council's costs ordered paid.

Orders

  • ["Applicant is granted leave to amend the development application and rely on amended plans referred to in Condition 1 of Annexure 'A'." "Applicant to pay Council's costs, agreed in the sum of $500.00, within 28 days of the date of these orders." 'Appeal is upheld.' "Development Application DA-196/2018 is approved...