Globalus Holdings Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1203

Globalus Holdings Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1203

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 decision and made orders upholding the appeal and approving the modification application subject to amended conditions.

Jurisdiction
Australia
Judgment Date
24 April 2017
Procedural Posture
Class 1 Appeal Against an Application to Modify DA 0099/14 for Alterations to an Existing Approval for a Residential Flat Building / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; application to modify development consent DA 0099/14 approved subject to the amended conditions listed in Annexure 'A'.
Legal Topics
['modification of Development Consent' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties Under S 34(3) of the Land and Environment Court Act 1979']
['planning and Environment Law'] ['modification of Development Consent' 'residential Flat Building' 'conciliation Conference' 'agreement Between Parties Under S 34(3) of the Land and Environment Court Act 1979']

Case Brief

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Procedural Posture

Class 1 Appeal Against an Application to Modify DA 0099/14 for Alterations to an Existing Approval for a Residential Flat Building / 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 Court should give effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979 concerning the modification application." 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.']

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 decision and made orders upholding the appeal and approving the modification application subject to amended conditions.

Court Disposition

Appeal upheld; application to modify development consent DA 0099/14 approved subject to the amended conditions listed in Annexure 'A'.

Orders

  • ["The applicant is granted leave to rely on the plans listed under Condition 1 - Approved architectural plans and documentation (s.96) in Annexure 'A'." 'Appeal upheld.' "Application to modify development consent DA 0099/14 approved by the Land and Environment Court in case 10643 of 2014 for internal and external...