Van Quan Trinh (Peter) v Fairfield City Council [2020] NSWLEC 1676

Van Quan Trinh (Peter) v Fairfield City Council [2020] NSWLEC 1676

All jurisdictional prerequisites for granting development consent to the amended application have been met; the parties' agreement is one the Court could properly make. Accordingly, the Court is required to make orders in accordance with the agreement reached at the conciliation conference, resulting in the grant of development consent subject to conditions and payment of costs thrown away.

Jurisdiction
Australia
Judgment Date
23 December 2020
Procedural Posture
Development Appeal / Final Decision After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; costs thrown away to be paid by applicant.
Legal Topics
['development Application' 'boarding House' 'conciliation Conference' 'conditions of Consent' 'jurisdictional Pre Requisites']
['planning and Environment'] ['development Application' 'boarding House' 'conciliation Conference' 'conditions of Consent' 'jurisdictional Pre Requisites']

Case Brief

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Procedural Posture

Development Appeal / Final Decision After Conciliation Conference

Legal Issues

  1. 1 ['Whether jurisdictional prerequisites for granting development consent are satisfied' 'Whether amended development application complies with applicable planning controls and legislation' 'Whether boarding house is permissible with consent in the relevant zone' 'Compliance with specific statutory and policy requirements for boarding house developments']

Ratio Decidendi

All jurisdictional prerequisites for granting development consent to the amended application have been met; the parties' agreement is one the Court could properly make. Accordingly, the Court is required to make orders in accordance with the agreement reached at the conciliation conference, resulting in the grant of development consent subject to conditions and payment of costs thrown away.

Court Disposition

Appeal upheld; development consent granted subject to conditions; costs thrown away to be paid by applicant.

Orders

  • ['Applicant granted leave to rely on specified amended plans and documents.' "Applicant to pay respondent's costs thrown away as a result of the amendments in the agreed amount of $7,500.00 within 28 days." 'Appeal is upheld.' 'Development Application No. 175.1/2019 is approved for the proposed boarding house (with...