GCK Investments Pty Ltd v Georges River Council [2018] NSWLEC 1343

GCK Investments Pty Ltd v Georges River Council [2018] NSWLEC 1343

The parties reached agreement at conciliation, and the Court, being satisfied as to the appropriateness of the decision under s 34(3) of the Land and Environment Court Act 1979, disposed of the proceedings by making the agreed orders.

Jurisdiction
Australia
Judgment Date
05 July 2018
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
['development Application' 'conciliation Conference' 'section 34 Agreement']
['planning and Environment'] ['development Application' 'conciliation Conference' 'section 34 Agreement']

Case Brief

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Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether the development application for a mixed use development at 41-47 Princess Highway, Kogarah, should be approved']

Ratio Decidendi

The parties reached agreement at conciliation, and the Court, being satisfied as to the appropriateness of the decision under s 34(3) of the Land and Environment Court Act 1979, disposed of the proceedings by making the agreed orders.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • ['The applicant is granted leave to rely on an amended development application incorporating specified architectural and landscape plans and a BASIX Certificate.' "The applicant is to pay the respondent's costs thrown away as a result of the amendment of the development application in the amount of $16,000 within 28...