Arkibis Pty Ltd t/a Arkhaus v Sutherland Shire Council [2019] NSWLEC 1252

Arkibis Pty Ltd t/a Arkhaus v Sutherland Shire Council [2019] NSWLEC 1252

The consent orders reflect the agreement reached between the parties in a conciliation conference, which the Court is empowered and required to make under s 34(3) of the LEC Act as the agreement is one which the Court could properly have made.

Jurisdiction
Australia
Judgment Date
07 June 2019
Procedural Posture
Development Application Appeal / Determination Following Conciliation Conference
Outcome
Appeal upheld; development consent granted with conditions; costs ordered
Legal Topics
['development Application' 'boarding House' 'conciliation Conference' 'grant of Consent']
['planning Law' 'environmental Law'] ['development Application' 'boarding House' 'conciliation Conference' 'grant of Consent']

Case Brief

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Procedural Posture

Development Application Appeal / Determination Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application for demolition and construction of a boarding house should be granted consent' "Whether the parties' agreement can be made the order of the court under s 34(3) Land and Environment Court Act 1979"]

Ratio Decidendi

The consent orders reflect the agreement reached between the parties in a conciliation conference, which the Court is empowered and required to make under s 34(3) of the LEC Act as the agreement is one which the Court could properly have made.

Court Disposition

Appeal upheld; development consent granted with conditions; costs ordered

Orders

  • ['The Applicant is given leave to amend the development application and rely upon specified plans.' "The Applicant is to pay the Respondent's s 8.15(3) costs in the amount of $5,000." 'The appeal is upheld.' 'Development application DA18/0720 is determined by the grant of consent, subject to conditions in Annexure A.']