CPDM Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1565

CPDM Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1565

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and I am satisfied the decision is within the Court's power, orders are made to give effect to that agreement including granting development consent and ordering payment of costs.

Jurisdiction
Australia
Judgment Date
31 October 2018
Procedural Posture
Development Application Appeal / Final Post Conciliation Orders
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered against applicant.
Legal Topics
['development Application' 'conciliation Conference' 'court Orders' 'costs']
['planning and Environment'] ['development Application' 'conciliation Conference' 'court Orders' 'costs']

Case Brief

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Procedural Posture

Development Application Appeal / Final Post Conciliation Orders

Legal Issues

  1. 1 ['Whether the agreement between the parties at conciliation is one the Court could properly make under s 34(3) Land and Environment Court Act 1979' 'Whether orders should be made giving effect to the agreement, including approval of the development and payment of costs']

Ratio Decidendi

Because the parties reached agreement under s 34(3) of the Land and Environment Court Act 1979, and I am satisfied the decision is within the Court's power, orders are made to give effect to that agreement including granting development consent and ordering payment of costs.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered against applicant.

Orders

  • ["Leave is granted to the applicant to rely on the amended plans and documents listed in Condition 1 under the heading 'Stage 2' and Condition 1 under the heading 'Stage 3' of the conditions annexed and marked 'A'." "The applicant is to pay the Council's costs thrown away pursuant to section 8.15(3) of the...