DPG Project 8 Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1169

The Court disposed of the proceedings in accordance with the agreement reached under s 34(3) Land and Environment Court Act 1979, granting development consent subject to agreed conditions.

Jurisdiction: Australia
Judgment Date: 31 March 2017
Procedural Posture: Development Application Appeal / Conciliation Conference, Final Orders
Outcome: Appeal upheld, development consent granted, orders for costs
Legal Topics: ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent']

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Procedural Posture

Development Application Appeal / Conciliation Conference, Final Orders

Legal Issues

1 ['Whether agreement reached under s 34(3) Land and Environment Court Act 1979 could be disposed of by the Court' 'Terms of development consent for residential flat development']

Ratio Decidendi

The Court disposed of the proceedings in accordance with the agreement reached under s 34(3) Land and Environment Court Act 1979, granting development consent subject to agreed conditions.

Court Disposition

Appeal upheld, development consent granted, orders for costs

Orders

['The applicant is granted leave to rely on the amended plans and documents referred to in Condition 1 at Annexure A.' "The applicant is to pay the respondent's costs thrown away as a result of amendments agreed at $7,000.00, payable by 5.00pm on 14 March 2017." 'The appeal is upheld.' 'Development consent is...