Gelder Architects v Ku-ring-gai Council [2016] NSWLEC 1223

Gelder Architects v Ku-ring-gai Council [2016] NSWLEC 1223

The Court, being satisfied that the conciliation agreement met legislative requirements, made orders reflecting the agreement under s 34(3) of the Land and Environment Court Act 1979.

Source-derived case information.

Parties
Applicant: Gelder Architects; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
06 June 2016
Procedural Posture
Development Application Appeal / Conciliation Conference and Orders Post Agreement
Outcome
Appeal upheld; development application approved subject to conditions; costs orders made.
Legal Topics
Conciliation Conference, Agreement Between Parties, Development Application, Court Orders
Planning and Environment Conciliation Conference Agreement Between Parties Development Application Court Orders

Source-derived case record

Summary, issues, holding and outcome

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Parties

Gelder Architects

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Development Application Appeal / Conciliation Conference and Orders Post Agreement

Legal Issues

  1. 1 Whether the conciliation agreement satisfied s 34(3) of the Land and Environment Court Act 1979
  2. 2 Whether the agreement could be disposed of by court order

Ratio Decidendi

The Court, being satisfied that the conciliation agreement met legislative requirements, made orders reflecting the agreement under s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs orders made.

Orders

  • The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A".
  • The Appeal is upheld.