Salerno v Ku-ring-gai Council [2019] NSWLEC 1207

Salerno v Ku-ring-gai Council [2019] NSWLEC 1207

The Court upheld the appeal and approved the development application because the parties had reached an agreement under s 34 of the Land and Environment Court Act 1979, the Commissioner was satisfied that the relevant jurisdictional requirements had been met, and the agreed decision was one the Court could make in the proper exercise of its functions.

Jurisdiction
Australia
Judgment Date
14 May 2019
Procedural Posture
Class 1 Development Appeal Against Deemed Refusal / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Appeal' 'deemed Refusal' 'residential Apartment Development' 'affordable Rental Housing' 'conciliation Conference' 'conditional Development Consent']
['planning and Environment Law' 'development Consent'] ['development Appeal' 'deemed Refusal' 'residential Apartment Development' 'affordable Rental Housing' 'conciliation Conference' 'conditional Development Consent']

Case Brief

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Procedural Posture

Class 1 Development Appeal Against Deemed Refusal / Orders Following Conciliation Conference and Agreement Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether leave should be granted to the applicant to rely on amended plans.' "Whether the parties' agreement under s 34 of the Land and Environment Court Act 1979 was a decision the Court could make in the proper exercise of its functions." 'Whether Development Application 2018/0286 should be approved subject to conditions.']

Ratio Decidendi

The Court upheld the appeal and approved the development application because the parties had reached an agreement under s 34 of the Land and Environment Court Act 1979, the Commissioner was satisfied that the relevant jurisdictional requirements had been met, and the agreed decision was one the Court could make in the proper exercise of its functions.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['Leave is granted to the applicant to rely upon the amended plans as set out in condition No. 1 of Annexure "A".' 'Pursuant to Section 8.15(3) of the Environmental Planning and Assessment Act 1979, the Applicant is to pay those costs of the Respondent that were thrown away as a result of amending the development...