Cui v Cumberland Council [2019] NSWLEC 1103

Cui v Cumberland Council [2019] NSWLEC 1103

The proposed amended development application satisfies all relevant planning requirements and is consistent with zone objectives; there are no jurisdictional impediments; agreement was reached at conciliation and the Court is required to dispose of proceedings in accordance with the parties' decision.

Parties
Applicant: Yi Cui; Respondent: Cumberland Council
Jurisdiction
Australia
Judgment Date
15 March 2019
Procedural Posture
Class 1 Appeal (development Application) / Post Conciliation Determination
Outcome
Appeal upheld and DA-47/2018 approved with conditions; costs ordered.
Legal Topics
Development Applications, Boarding Houses, Appeal Against Deemed Refusal, Conciliation Conference, Court Order on Consent
Planning and Environment Law Development Applications Boarding Houses Appeal Against Deemed Refusal Conciliation Conference Court Order on Consent

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 2 Authorities cited 4 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Yi Cui

Applicant

Cumberland Council

Respondent

Procedural Posture

Class 1 Appeal (development Application) / Post Conciliation Determination

Legal Issues

  1. 1 Whether to grant consent to amended development application (DA-47/2018) for alterations to boarding house
  2. 2 Consistency of proposed development with SEPP (Affordable Rental Housing) 2009, Holroyd LEP 2013, and relevant DCP requirements

Ratio Decidendi

The proposed amended development application satisfies all relevant planning requirements and is consistent with zone objectives; there are no jurisdictional impediments; agreement was reached at conciliation and the Court is required to dispose of proceedings in accordance with the parties' decision.

Court Disposition

Appeal upheld and DA-47/2018 approved with conditions; costs ordered.

Orders

  • The applicant is granted leave to amend the development application in accordance with plans in Condition 2 of Annexure 'A'.
  • Applicant to pay the Council's costs thrown away as a result of the amendments in the agreed amount of $3,000 within 28 days.