Hae Sook Sung & Yeoun IL Sung v City of Ryde Council [2017] NSWLEC 1435

Hae Sook Sung & Yeoun IL Sung v City of Ryde Council [2017] NSWLEC 1435

The Court disposed of the proceedings by formalising the parties' agreement reached in a conciliation conference, satisfied it could have made such orders on merit under s 34(3) of the Land and Environment Court Act 1979.

Parties
Applicants: Hae Sook Sung & Yeoun Il Sung; Respondent: City of Ryde Council
Jurisdiction
Australia
Judgment Date
14 August 2017
Procedural Posture
Development Application Appeal / Conciliation Conference Orders
Outcome
Appeal upheld. Development consent granted, subject to conditions. Applicant granted leave to rely on amended plans. Applicant to pay respondent's costs thrown away as a result of amending the development application.
Legal Topics
Development Application, Conciliation Conference, Orders by Agreement
Planning and Environment Development Application Conciliation Conference Orders by Agreement

Case Brief

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Parties

Hae Sook Sung & Yeoun Il Sung

Applicants

City of Ryde Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference Orders

Legal Issues

  1. 1 Whether the parties could agree to terms of settlement under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the Court should make orders pursuant to that agreement

Ratio Decidendi

The Court disposed of the proceedings by formalising the parties' agreement reached in a conciliation conference, satisfied it could have made such orders on merit under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld. Development consent granted, subject to conditions. Applicant granted leave to rely on amended plans. Applicant to pay respondent's costs thrown away as a result of amending the development application.

Orders

  • Leave is granted to the applicant to rely on the amended plans set out in condition one of Annexure A.
  • The applicant is to pay the respondent's costs under section 97B of the Environmental Planning and Assessment Act 1979 thrown away as a result of amending the development application, as agreed or assessed.