Able Apartments Pty Limited v Ku-ring-gai Council [2016] NSWLEC 1519

Able Apartments Pty Limited v Ku-ring-gai Council [2016] NSWLEC 1519

As the parties reached an acceptable agreement at a conciliation conference and the Commissioner was satisfied the decision could properly be made, the appeal was upheld and consent was granted in accordance with agreed conditions.

Jurisdiction
Australia
Judgment Date
04 November 2016
Procedural Posture
Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to conditions of Annexure A. Orders made in accordance with agreement under s 34(3) of Land and Environment Court Act 1979.
Legal Topics
['development Application' 'demolition and Construction' 'conciliation Conference' 'agreed Orders']
['planning and Environment Law'] ['development Application' 'demolition and Construction' 'conciliation Conference' 'agreed Orders']

Case Brief

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Procedural Posture

Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ["Whether to uphold appeal against Council's refusal of development application for demolition and construction of mixed use development"]

Ratio Decidendi

As the parties reached an acceptable agreement at a conciliation conference and the Commissioner was satisfied the decision could properly be made, the appeal was upheld and consent was granted in accordance with agreed conditions.

Court Disposition

Appeal upheld. Development consent granted subject to conditions of Annexure A. Orders made in accordance with agreement under s 34(3) of Land and Environment Court Act 1979.

Orders

  • ["The applicant is granted leave to rely on the amended plans referred to in Condition 1 of Annexure 'A'." "The applicant is to pay the respondent's costs thrown away for the purpose of section 97B of the Environmental Planning and Assessment Act 1979 agreed at $6,000." 'The appeal is upheld.' "Development...