BFD Pymble Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1315

BFD Pymble Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1315

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 proceedings were required to be disposed of in accordance with that agreement, by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
25 July 2016
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. 0145/15 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'residential Flat Buildings' 'costs Thrown Away by Amended Development Application']
['planning and Environment' 'development Consent'] ['development Application Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'residential Flat Buildings' 'costs Thrown Away by Amended Development Application']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. 0145/15 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted for Development Application No. 0145/15 subject to conditions.']

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 proceedings were required to be disposed of in accordance with that agreement, by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ['The Applicant is given leave to amend the development application by substituting the plans listed in the orders as the plans relied upon for the purpose of the development application.' 'The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant...