Bunnings Properties Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1204
The Court is required to and did make orders reflecting the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, as it was satisfied the decision could have been made in the proper exercise of its functions.
- Jurisdiction
- Australia
- Judgment Date
- 20 April 2018
- Procedural Posture
- Modification Application Class 1 / Orders Following Conciliation Conference
- Outcome
- Appeal upheld. Consent modified by amendment of condition 51.
- Legal Topics
- ['modification of Development Consent' 'developer Contributions']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Modification Application Class 1 / Orders Following Conciliation Conference
Legal Issues
- 1 ['Whether Development Consent No. DA115/15 should be modified by deletion or amendment of condition 51' 'Whether agreement reached under s 34(3) of the Land and Environment Court Act 1979 can be given effect']
Ratio Decidendi
The Court is required to and did make orders reflecting the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, as it was satisfied the decision could have been made in the proper exercise of its functions.
Court Disposition
Appeal upheld. Consent modified by amendment of condition 51.
Orders
- ['The appeal is upheld.' "Pursuant to s96(8) of the Environmental Planning and Assessment Act 1979, Development Consent DA0115/15 is modified by amending condition 51 of the conditions of consent which form 'Annexure A' of development consent DA0115/15 made by the Court on 16 May 2017, as set out in Annexure 'A'."]
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