CL Junction Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1123

CL Junction Pty Ltd v Ku-ring-gai Council [2020] NSWLEC 1123

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 amended development application met the identified jurisdictional preconditions and that granting development consent subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement.

Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Class 1 Appeal Concerning a Development Application / Orders Made Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'seniors Living' 'conciliation Conference' 'development Consent' 'state Environmental Planning Policy (housing for Seniors or People With a Disability) 2004']
['planning and Environment Law'] ['development Application' 'seniors Living' 'conciliation Conference' 'development Consent' 'state Environmental Planning Policy (housing for Seniors or People With a Disability) 2004']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 1 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Concerning a Development Application / Orders Made Following a Conciliation Conference Under S 34(1) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the Court could make orders by agreement under s 34(3) of the Land and Environment Court Act 1979 granting leave to amend the development application and approving the amended development application subject to conditions.' 'Whether the amended seniors housing development application satisfied the jurisdictional preconditions identified by the parties, including permissibility, development standards, BASIX requirements and contamination considerations.']

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 amended development application met the identified jurisdictional preconditions and that granting development consent subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A".' "The applicant is to pay the respondent's costs arising pursuant to s 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed." 'The appeal is...