CL Westbrook Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1357

CL Westbrook Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1357

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 grant of development consent subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and granting development consent.

Jurisdiction
Australia
Judgment Date
30 July 2019
Procedural Posture
Class 1 Development Application Appeal / Orders Following S 34 Conciliation Conference Agreement
Outcome
Appeal upheld and development consent granted subject to conditions.
Legal Topics
['development Application' 'seniors Living Development' 'conciliation Conference' 'development Consent' 'basix Certification' 'remediation of Land']
['planning and Environment Law'] ['development Application' 'seniors Living Development' 'conciliation Conference' 'development Consent' 'basix Certification' 'remediation of Land']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Orders Following S 34 Conciliation Conference Agreement

Legal Issues

  1. 1 ["Whether the Court could make orders granting development consent in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979." 'Whether pre-jurisdictional requirements for the amended development application were met, including owner consent, permissibility under the Seniors Living SEPP, applicable development standards, BASIX certification, and contamination consideration.']

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 grant of development consent subject to conditions was a decision the Court could make in the proper exercise of its functions, the proceedings were disposed of by upholding the appeal and granting development consent.

Court Disposition

Appeal upheld and development consent granted subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely on amended BASIX Certification No. 850557M_02 dated 22 June 2019.' 'The appeal is upheld.' 'Development consent is granted for Development Application DA0379/17 for demolition of existing dwelling and construction of 7 new dwellings and basement carpark under Seniors...