Zena Soleiman v Inner West Council [2017] NSWLEC 1099

Zena Soleiman v Inner West Council [2017] NSWLEC 1099

The Court upheld the appeal and made orders giving effect, without merit assessment, to the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, including granting approval for the development subject to conditions and awarding costs to the Respondent.

Parties
Applicant: Zena Soleiman; Respondent: Inner West Council
Jurisdiction
Australia
Judgment Date
01 March 2017
Procedural Posture
Appeal – Development Application / Final Orders After Conciliation Conference
Outcome
Appeal upheld and development application approved subject to conditions. Applicant to pay Respondent's costs.
Legal Topics
Development Application, Conciliation Conference, Appeal, Boarding House Approval
Environmental Law Planning Law Development Application Conciliation Conference Appeal Boarding House Approval

Case Brief

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Parties

Zena Soleiman

Applicant

Inner West Council

Respondent

Procedural Posture

Appeal – Development Application / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the appeal against the council's determination of the development application should be upheld
  2. 2 Whether approval should be granted for alterations and additions to an existing dwelling and conversion into a 3 storey boarding house

Ratio Decidendi

The Court upheld the appeal and made orders giving effect, without merit assessment, to the agreement reached by the parties under s 34(3) of the Land and Environment Court Act 1979, including granting approval for the development subject to conditions and awarding costs to the Respondent.

Court Disposition

Appeal upheld and development application approved subject to conditions. Applicant to pay Respondent's costs.

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to rely on amended plans (Version F) lodged with the Respondent on 2 February 2017.