NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Gaggo v Fairfield City Council [2023] NSWLEC 1689 Hearing dates: Conciliation conference 6 and 7 November 2023 Date of orders: 16 November 2023 Decision date: 16 November 2023 Jurisdiction: Class 1 Before: Walsh C Decision: The Court orders: (1) The appeal is upheld. (2) Modification application MA 309.4/2018 is approved and the Development Consent granted to DA 309.1/2018 by the Respondent on 10 July 2018, modified by the Respondent on 9 August 2019 (DA 309.2/2018), is further modified as set out in Annexure A. (3) The Development Consent to DA 309.1/2018, as modified by the Court, is subject to the consolidated conditions of Development Consent set out in Annexure B. Catchwords: MODIFICATION APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Conveyancing Act 1919, s 88A Environmental Planning and Assessment Act 1979, ss 4.15, 4.17, 4.55, 8.9 Environmental Planning and Assessment Regulation 2021, s 38 Fairfield Local Environmental Plan 2013 Land and Environment Court Act 1979, ss 34, 34AA Texts Cited: Fairfield Citywide Development Control Plan 2013 Category: Principal judgment Parties: Hussam Gaggo (Applicant) Fairfield City Council (Respondent) Representation: Counsel: D Loether (Solicitor) (Applicant) S Shneider (Solicitor) (Respondent)
Solicitors: Bartier Perry Pty Limited (Applicant) Houston Dearn O'Connor Lawyers (Respondent) File Number(s): 2023/180316 Publication restriction: No
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