Allan Kosinar v Ku-ring-gai Council [2016] NSWLEC 1626

Allan Kosinar v Ku-ring-gai Council [2016] NSWLEC 1626

The Court, upon satisfaction that the agreement reached under s 34(3) of the Land and Environment Court Act 1979 was an appropriate exercise of its function, must dispose of the proceedings in accordance with the agreement and set out in writing the terms of the decision.

Jurisdiction
Australia
Judgment Date
22 December 2016
Procedural Posture
Class 1 / Post Conciliation Conference Decision
Outcome
Appeal upheld; application approved subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'tree Removal' 'replacement Planting']
['environmental Law' 'planning and Development'] ['development Application' 'conciliation Conference' 'tree Removal' 'replacement Planting']

Case Brief

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Procedural Posture

Class 1 / Post Conciliation Conference Decision

Legal Issues

  1. 1 ['Whether agreement under s 34(3) of the Land and Environment Court Act 1979 can dispose of the proceedings' 'Approval of application for removal of four trees and planting of six replacement trees']

Ratio Decidendi

The Court, upon satisfaction that the agreement reached under s 34(3) of the Land and Environment Court Act 1979 was an appropriate exercise of its function, must dispose of the proceedings in accordance with the agreement and set out in writing the terms of the decision.

Court Disposition

Appeal upheld; application approved subject to conditions

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended plan listed in condition 1 of Annexure "A".' 'Application No. DA0150/16 for the removal of four trees and planting of 6 replacement trees at 7A Derby Street St Ives is approved subject to the conditions annexed and marked "A".']