Vinci v Ku-ring-gai Council [2017] NSWLEC 1280

Vinci v Ku-ring-gai Council [2017] NSWLEC 1280

Where the parties reach agreement at conciliation conference and the Court is satisfied under s 34(3) Land and Environment Court Act 1979, it must dispose of the proceedings in accordance with that agreement, without undertaking a merit assessment.

Parties
Applicant: Bernadette Annette Vinci; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
02 June 2017
Procedural Posture
Appeal (class 1 Proceedings) / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; applicant to pay nominal costs.
Legal Topics
Development Application, Conciliation Conference, Court Orders
Environmental Law Planning Law Development Application Conciliation Conference Court Orders

Case Brief

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Parties

Bernadette Annette Vinci

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal (class 1 Proceedings) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether the parties’ agreement at conciliation conference could be embodied in court orders under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Where the parties reach agreement at conciliation conference and the Court is satisfied under s 34(3) Land and Environment Court Act 1979, it must dispose of the proceedings in accordance with that agreement, without undertaking a merit assessment.

Court Disposition

Appeal upheld; development application approved subject to conditions; applicant to pay nominal costs.

Orders

  • The appeal is upheld.
  • Development Application No. DA0561/16 for the demolition of an existing dwelling and the construction of a new two storey dwelling containing four bedrooms and a double garage, swimming pool and associated landscaping, retaining walls and cabana within a heritage conservation area at 9 Burns Road, Wahroonga, is...