Zam Zam Developments Pty Ltd v Cumberland Council [2018] NSWLEC 1468

Zam Zam Developments Pty Ltd v Cumberland Council [2018] NSWLEC 1468

The Court disposed of the proceedings in accordance with the parties' agreement, being satisfied that it could have made such a decision in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979, and approved the development application as amended, upheld the applicant's clause 4.6 request, and made orders for costs as agreed or assessed.

Jurisdiction
Australia
Judgment Date
31 August 2018
Procedural Posture
Development Application Appeal / Final Determination Following Conciliation Conference
Outcome
Appeal upheld by consent; amended development application approved
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'height Control Clause 4.6' 'affordable Rental Housing']
['environmental Law' 'planning Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'height Control Clause 4.6' 'affordable Rental Housing']

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Procedural Posture

Development Application Appeal / Final Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the amended development application should be approved' "Whether the applicant's written request to vary the height control should be upheld" 'Allocation of costs between the parties']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the parties' agreement, being satisfied that it could have made such a decision in the proper exercise of its functions under s 34(3) of the Land and Environment Court Act 1979, and approved the development application as amended, upheld the applicant's clause 4.6 request, and made orders for costs as agreed or assessed.

Court Disposition

Appeal upheld by consent; amended development application approved

Orders

  • ['The applicant is granted leave to rely on an amended development application incorporating specified plans and documents' "The applicant to pay the respondent's costs thrown away pursuant to s.8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed" "The applicant's clause 4.6 written...