Han & Anor v Cumberland Council [2017] NSWLEC 1544

Han & Anor v Cumberland Council [2017] NSWLEC 1544

The appeal was disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, as the court was satisfied that the decision was one it could have made in proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; costs order made
Legal Topics
['development Application' 'conciliation Conference' 'demolition and Construction' 'strata Subdivision']
['planning and Environment'] ['development Application' 'conciliation Conference' 'demolition and Construction' 'strata Subdivision']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Refusal of development application for demolition and construction of townhouses']

Ratio Decidendi

The appeal was disposed of in accordance with the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, as the court was satisfied that the decision was one it could have made in proper exercise of its functions.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs order made

Orders

  • ["The applicant is granted leave to rely on the approved plans listed in Annexure 'A'." 'Appeal upheld.' "Development application DA-247/2015 approved subject to conditions in Annexure 'A'." 'Applicant to pay $5,000.00 in full and final satisfaction of all costs thrown away as a result of amending plans under s97B...