DPG Project 9 Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1045

DPG Project 9 Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1045

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 decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed orders without a merit assessment of the issues originally in dispute.

Jurisdiction
Australia
Judgment Date
06 February 2018
Procedural Posture
Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA0087/17 approved subject to conditions annexed to the agreement as Annexure A.
Legal Topics
['conciliation Conference' 'agreement Between the Parties' 'development Application' 'clause 4.6 Variation Application' 'costs Thrown Away']
['planning and Environment' 'development Consent'] ['conciliation Conference' 'agreement Between the Parties' 'development Application' 'clause 4.6 Variation Application' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Conciliation Conference; Agreement Between the Parties Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether the appeal should be upheld and Development Application No. DA0087/17 approved subject to conditions.']

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 decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed orders without a merit assessment of the issues originally in dispute.

Court Disposition

Appeal upheld; Development Application No. DA0087/17 approved subject to conditions annexed to the agreement as Annexure A.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents referred to in Condition 1 of "Annexure A" to this agreement.' 'The Clause 4.6 variation application in relation to the street frontage width development standard contained in Clause 6.5 of the Ku-ring-gai Local Environmental Plan (Local...