NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Abdullah v Strathfield Municipal Council [2020] NSWLEC 1467 Hearing dates: 13 and 14 August 2020 Date of orders: 06 October 2020 Decision date: 06 October 2020 Jurisdiction: Class 1 Before: Clay AC Decision: The Court orders: (1) Appeal dismissed. (2) Application to modify development consent DA 2018/176 is refused. (3) Exhibits other than exhibits A and B to be returned. Catchwords: Modification application – add bedroom to approved dwelling – bedroom had been required to be deleted as a condition of consent sought to be modified – bulk and scale – character – compliance with controls in local environmental plan – whether provisions of development control plan met Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Strathfield Local Environmental Plan 2012 Cases Cited: Barrak v Parramatta City Council [2018] NSWLEC 67 Challenger Listed Investments Ltd v Valuer General (No 2) [2015] NSWLEC 60 Texts Cited: Land and Environment Court of New South Wales, COVID-19 Pandemic Arrangements Policy (July 2020) Strathfield Consolidated Development Control Plan 2005 Category: Principal judgment Parties: Nameer Abdullah (Applicant) Strathfield Municipal Council (Respondent) Representation: Counsel: J Reid (Applicant) T To (Respondent)
Solicitors: Swaab Attorneys (Applicant) Matthews Folbigg (Respondent) File Number(s): 2019/373995 Publication restriction: No
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