Ghazi Al Ali Architect Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1589

Ghazi Al Ali Architect Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1589

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 Court was required to dispose of the proceedings in accordance with that agreement by granting leave to amend the development application, upholding the appeal, approving Development Application No. DA-0586/16 subject to conditions, and making the agreed costs order.

Jurisdiction
Australia
Judgment Date
18 October 2017
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'residential Flat Building' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'residential Flat Building' 'costs']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders Following Conciliation Conference 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 under s 34(3) of the Land and Environment Court Act 1979." 'Whether Development Application No. DA-0586/16 should be approved subject to agreed 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 Court was required to dispose of the proceedings in accordance with that agreement by granting leave to amend the development application, upholding the appeal, approving Development Application No. DA-0586/16 subject to conditions, and making the agreed costs order.

Court Disposition

Appeal upheld; development application approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure "A".' 'The Appeal is upheld.' 'Development Application No. DA-0586/16 for a residential flat building comprising 50 units and 48 basement car spaces is approved subject to the...