Buyozo Pty Limited v Ku-ring-gai Council [2018] NSWLEC 1206

Buyozo Pty Limited v Ku-ring-gai Council [2018] NSWLEC 1206

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 agreed orders.

Jurisdiction
Australia
Judgment Date
30 April 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application No. DA 122/17 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'alterations and Additions' 'self Storage Facility' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'orders']
['planning and Environment Law'] ['development Application' 'alterations and Additions' 'self Storage Facility' 'deemed Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'orders']

Case Brief

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Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / 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 application No. DA 122/17 should be approved subject to agreed 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 Court was required to dispose of the proceedings in accordance with that agreement and make the agreed orders.

Court Disposition

Appeal upheld; development application No. DA 122/17 approved subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the applicant to rely on the amended plans and documents listed in Condition 1 of the conditions attached and marked Annexure A.' "The applicant is to pay the Council's s97B costs agreed at $7,000 by 27 April 2018." 'The appeal is upheld.' 'Development application No. DA 122/17 for the...