Roberts v Ku-Ring-Gai Council [2019] NSWLEC 1550

Roberts v Ku-Ring-Gai Council [2019] NSWLEC 1550

All jurisdictional preconditions for consent under the relevant SEPPs and planning controls have been satisfied; parties reached an agreement the Court could make; accordingly, the Court must dispose of the proceedings in accordance with that agreement, upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
14 November 2019
Procedural Posture
Appeal (class 1 Development Application Deemed Refusal) / Final Orders After Conciliation Conference
Outcome
Appeal upheld and development consent granted subject to conditions; applicant to pay respondent's costs thrown away due to amendments.
Legal Topics
['development Applications' 'conciliation Conference' 'seniors Housing' 'jurisdictional Preconditions' 'consent Orders']
['planning and Environment Law'] ['development Applications' 'conciliation Conference' 'seniors Housing' 'jurisdictional Preconditions' 'consent Orders']

Case Brief

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Procedural Posture

Appeal (class 1 Development Application Deemed Refusal) / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ['Whether the jurisdictional preconditions for grant of consent under State Environmental Planning Policy (Housing for Seniors or People with a Disability) 2004 were satisfied' 'Whether amended plans and proposed development comply with statutory requirements']

Ratio Decidendi

All jurisdictional preconditions for consent under the relevant SEPPs and planning controls have been satisfied; parties reached an agreement the Court could make; accordingly, the Court must dispose of the proceedings in accordance with that agreement, upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld and development consent granted subject to conditions; applicant to pay respondent's costs thrown away due to amendments.

Orders

  • ["The Applicant is granted leave to rely on the amended plans referred to in condition 1 of Annexure 'A'." "The Applicant is to pay the Respondent's costs thrown away as a result of the amendments in the sum of $13,000 payable within 28 days pursuant to section 8.15(3) of the Environmental Planning and Assessment...