Hengji Pymble Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1123

Hengji Pymble Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1123

By virtue of the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner's satisfaction that such a decision could have been made by the Court, the Court is required to grant consent on the agreed terms without a merit assessment of the underlying dispute.

Jurisdiction
Australia
Judgment Date
09 March 2018
Procedural Posture
Class 1 Appeal Against Deemed Refusal of Development Application / Post Conciliation Conference, Orders by Agreement Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted; costs ordered against applicant.
Legal Topics
['development Applications' 'conciliation Agreements' 'seniors Living Developments']
['planning Law' 'environmental Law'] ['development Applications' 'conciliation Agreements' 'seniors Living Developments']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 1 Appeal Against Deemed Refusal of Development Application / Post Conciliation Conference, Orders by Agreement Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether development consent should be granted for multi-dwelling Seniors Living development at 75 Telegraph Road, Pymble under SEPP 2004']

Ratio Decidendi

By virtue of the agreement reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner's satisfaction that such a decision could have been made by the Court, the Court is required to grant consent on the agreed terms without a merit assessment of the underlying dispute.

Court Disposition

Appeal upheld; development consent granted; costs ordered against applicant.

Orders

  • ['The applicant is granted leave to amend the development application by substituting specified plans and documentation.' 'The appeal is upheld.' 'Development consent is granted to Development Application No. DA0192/17 for the construction of a multi-dwelling Seniors Living development at 75 Telegraph Road, Pymble...