Gelder Architects v Ku-ring-gai Council [2016] NSWLEC 1571

Gelder Architects v Ku-ring-gai Council [2016] NSWLEC 1571

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 that agreement by upholding the appeal and granting development consent subject to conditions.

Jurisdiction
Australia
Judgment Date
30 November 2016
Procedural Posture
Class 1 Development Appeal Under S97(1)(b) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted to DA 0599/2015 subject to conditions.
Legal Topics
['deemed Refusal' 'development Consent' 'conciliation Conference' 's 34 Agreement' 'seniors Living Development']
['planning and Environment' 'development Appeals'] ['deemed Refusal' 'development Consent' 'conciliation Conference' 's 34 Agreement' 'seniors Living Development']

Case Brief

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Procedural Posture

Class 1 Development Appeal Under S97(1)(b) of the Environmental Planning and Assessment Act 1979 Against Deemed Refusal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement reached at or after a conciliation conference under s 34(3) of the Land and Environment Court Act 1979." 'Whether development consent should be granted to DA 0599/2015 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 that agreement by upholding the appeal and granting development consent subject to conditions.

Court Disposition

Appeal upheld; development consent granted to DA 0599/2015 subject to conditions.

Orders

  • ['The appeal is upheld' 'The Applicant is granted leave to rely upon the amended architectural and landscape plans set out in operational Condition 1 in Annexure A' 'The Applicant is to pay the Respondent costs thrown away as a result of amending the development application pursuant to s97B as may be agreed or...