Dib v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1591

Dib v Canterbury-Bankstown Council (No 2) [2021] NSWLEC 1591

Because the amended plans filed by the Applicant and the conditions of consent filed by the Respondent accorded with the principal judgment, the Court made final orders upholding the appeal and granting consent to the amended development application subject to conditions.

Jurisdiction
Australia
Judgment Date
14 October 2021
Procedural Posture
Class 1 Appeal / Final Orders Following Principal Judgment
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'boarding House' 'conditions of Consent' 'amended Development Application' 'clause 4.6 Written Request' 'local Character']
['planning and Environment Law'] ['development Application' 'boarding House' 'conditions of Consent' 'amended Development Application' 'clause 4.6 Written Request' 'local Character']

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Procedural Posture

Class 1 Appeal / Final Orders Following Principal Judgment

Legal Issues

  1. 1 ['Whether final orders should be made after the applicant filed amended architectural drawings and the respondent filed conditions of consent in accordance with the principal judgment.']

Ratio Decidendi

Because the amended plans filed by the Applicant and the conditions of consent filed by the Respondent accorded with the principal judgment, the Court made final orders upholding the appeal and granting consent to the amended development application subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Appeal is upheld.' 'Consent is granted to Development Application DA-845/2020 as amended, for the demolition of existing structures and construction of a 20 room boarding house with basement parking at 82 and 84 Lancaster Avenue, Punchbowl, subject to conditions set out in Annexure A.' 'The exhibits are...