Ghazi Al Ali Architect Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1543

Ghazi Al Ali Architect Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1543

Proceedings resolved by agreement between the parties at conciliation conference under s 34(3) Land and Environment Court Act 1979; Commissioner satisfied the agreed decision was one the Court could have made and therefore disposed of proceedings accordingly and approved the application subject to agreed conditions.

Parties
Applicant: Ghazi Al Ali Architect Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
28 September 2017
Procedural Posture
Class 1 Development Application Appeal / Post Conciliation Conference; Final Orders After Agreement
Outcome
Appeal upheld. Development application approved subject to conditions.
Legal Topics
Development Applications, Conciliation Conference, Court Orders by Agreement
Planning and Environment Development Applications Conciliation Conference Court Orders by Agreement

Case Brief

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Parties

Ghazi Al Ali Architect Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 Development Application Appeal / Post Conciliation Conference; Final Orders After Agreement

Legal Issues

  1. 1 Whether to approve amended development application following agreement at conciliation conference under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Proceedings resolved by agreement between the parties at conciliation conference under s 34(3) Land and Environment Court Act 1979; Commissioner satisfied the agreed decision was one the Court could have made and therefore disposed of proceedings accordingly and approved the application subject to agreed conditions.

Court Disposition

Appeal upheld. Development application approved subject to conditions.

Orders

  • The Applicant is given leave to amend the development application and rely upon specified plans in the proceedings.
  • The appeal is upheld.