YCW Pty Ltd atf YCW Family Trust v Northern Beaches Council [2017] NSWLEC 1359

YCW Pty Ltd atf YCW Family Trust v Northern Beaches Council [2017] NSWLEC 1359

The Court, being satisfied that the agreement resulting from the conciliation conference represents a decision it could have properly made, makes orders disposing of the proceedings in accordance with that agreement.

Parties
First Applicant: YCW Pty Ltd atf YCW Family Trust; Second Applicant: Mike & Shan Pty Ltd atf Wu and Kuo Family Trust; First Respondent: Northern Beaches Council; Second Respondent: Sydney North Planning Panel
Jurisdiction
Australia
Judgment Date
05 July 2017
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld, development consent granted per agreed conditions.
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

YCW Pty Ltd atf YCW Family Trust

First Applicant

Mike & Shan Pty Ltd atf Wu and Kuo Family Trust

Second Applicant

Northern Beaches Council

First Respondent

Sydney North Planning Panel

Second Respondent

Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 Whether the proposed development should receive development consent following agreement at conciliation conference

Ratio Decidendi

The Court, being satisfied that the agreement resulting from the conciliation conference represents a decision it could have properly made, makes orders disposing of the proceedings in accordance with that agreement.

Court Disposition

Appeal upheld, development consent granted per agreed conditions.

Orders

  • The appeal is upheld.
  • Consent is granted to Development Application DA:47/2016 for the demolition of existing buildings and hardstand, excavation, and construction of a three (3) level Child Care Centre with rooftop outdoor play area, for one hundred and eighty six (186) children, forty-six (46) underground car parking spaces and...