Susannah Cassar v Inner West Council [2016] NSWLEC 1477

Susannah Cassar v Inner West Council [2016] NSWLEC 1477

The appeal was upheld and the development application approved in accordance with the agreement reached by the parties through conciliation, pursuant to s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
05 October 2016
Procedural Posture
Development Appeal / Conciliation Conference; Final Orders
Outcome
appeal upheld; development application approved (subject to conditions); leave granted to amend applicant name and application; applicant to pay respondent costs related to amendment
Legal Topics
['development Appeal' 'conciliation' 'agreement Between Parties']
['planning Law' 'environmental Law'] ['development Appeal' 'conciliation' 'agreement Between Parties']

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Procedural Posture

Development Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Appeal against refusal of development application for demolition, construction of dual-occupancy dwelling, swimming pool, and subdivision']

Ratio Decidendi

The appeal was upheld and the development application approved in accordance with the agreement reached by the parties through conciliation, pursuant to s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

appeal upheld; development application approved (subject to conditions); leave granted to amend applicant name and application; applicant to pay respondent costs related to amendment

Orders

  • ["The applicant is granted leave to amend its details from 'The Plan shop' to 'Jason and Susannah Cassar'." 'The appeal is upheld.' 'The Applicant is granted leave to amend development application DA/2015/634 and to rely upon the plans set out in operational Condition 1 in Annexure B, and attached as Annexure A [The...