Selim v Strathfield Municipal Council [2024] NSWLEC 1662

Selim v Strathfield Municipal Council [2024] NSWLEC 1662

The development application, as amended and agreed by the parties, meets all relevant statutory requirements and planning controls. Accordingly, consent is granted, and the appeal is upheld, pursuant to the parties’ s 34 agreement.

Parties
Applicant: Sheriff Selim; Respondent: Strathfield Municipal Council
Jurisdiction
Australia
Judgment Date
22 October 2024
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Development consent granted to the amended application, subject to conditions. Applicant to pay the costs of Respondent thrown away by the amendment.
Legal Topics
Development Consent, Childcare Centre, Conciliation Agreement, Land Use Zoning
Planning and Environment Development Consent Childcare Centre Conciliation Agreement Land Use Zoning

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 8 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

Sheriff Selim

Applicant

Strathfield Municipal Council

Respondent

Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for alterations and additions to a childcare centre, including increase in capacity and extended operating hours
  2. 2 Whether statutory and jurisdictional prerequisites under relevant State and local planning instruments are satisfied

Ratio Decidendi

The development application, as amended and agreed by the parties, meets all relevant statutory requirements and planning controls. Accordingly, consent is granted, and the appeal is upheld, pursuant to the parties’ s 34 agreement.

Court Disposition

Appeal upheld. Development consent granted to the amended application, subject to conditions. Applicant to pay the costs of Respondent thrown away by the amendment.

Orders

  • Applicant to pay Respondent’s costs thrown away by the amendment within 28 days.
  • The appeal is upheld.