Funforfour Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1103

Funforfour Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1103

As an agreement acceptable to the Court under s 34(3) was reached, and the Commissioner was satisfied the Court could have made the decision, the proceedings must be disposed in accordance with the parties' agreed terms and orders.

Jurisdiction
Australia
Judgment Date
01 March 2017
Procedural Posture
Class 1 Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; modification application approved
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S 34(3) Land and Environment Court Act 1979']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Under S 34(3) Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 ["Whether the parties' agreement under s 34(3) Land and Environment Court Act 1979 is acceptable to the Court and can dispose of proceedings" 'Whether modification application for amendment of deferred commencement condition in development consent DA No. 0007/14 should be approved']

Ratio Decidendi

As an agreement acceptable to the Court under s 34(3) was reached, and the Commissioner was satisfied the Court could have made the decision, the proceedings must be disposed in accordance with the parties' agreed terms and orders.

Court Disposition

Appeal upheld; modification application approved

Orders

  • ['The appeal is upheld.' "The modification application for amendment of the deferred commencement condition in the development consent in relation to DA No. 0007/14 is approved as set out in 'Annexure A'."]