Mahabir v Cumberland Council [2019] NSWLEC 1541

Land and Environment Court New South Wales

Medium Neutral Citation: Mahabir v Cumberland Council [2019] NSWLEC 1541 Hearing dates: Conciliation conference on 5 November 2019 Date of orders: 05 November 2019 Decision date: 05 November 2019 Jurisdiction: Class 1 Before: Gray C Decision: The Court orders that: (1) The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A". (2) Pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979, the applicant is to pay the Council's costs, agreed in the sum of $500.00, within 28 days of the date of these orders. (3) The appeal is upheld. (4) Development Application DA-196/2018 for alterations and additions to an existing dwelling house and the establishment of a neighbourhood shop at 54A Louis Street, Granville, NSW is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – alterations and additions to dwelling house – neighbourhood shop – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Parramatta Local Environmental Plan 2011 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Seema Mahabir (Applicant) Cumberland Council (Respondent) Representation: Counsel: D Tyrell (Solicitor) (Applicant) C McFadzean (Solicitor) (Respondent)