Bellevue Projects Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1378

Bellevue Projects Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1378

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and make the final orders giving it effect.

Jurisdiction
Australia
Judgment Date
12 August 2016
Procedural Posture
Class 1 Subdivision Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders
Outcome
Appeal upheld; development application approved subject to conditions in Annexure A.
Legal Topics
['subdivision Appeal' 'development Application' 'conciliation Conference' 'agreement Between Parties' 'orders by Consent']
['planning and Environment Law'] ['subdivision Appeal' 'development Application' 'conciliation Conference' 'agreement Between Parties' 'orders by Consent']

Case Brief

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Procedural Posture

Class 1 Subdivision Appeal / Conciliation Conference; Agreement Under S 34(3) of the Land and Environment Court Act 1979; Final Orders

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "What orders should be made to give effect to the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and make the final orders giving it effect.

Court Disposition

Appeal upheld; development application approved subject to conditions in Annexure A.

Orders

  • ['The Applicant is granted leave to amend the development application to rely upon the listed plans.' 'The Applicant is to pay those costs of the Respondent thrown away pursuant to section 97B of the Environmental Planning & Assessment Act 1979, as a result of amending the development application in accordance with...