HMR Developments Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1608

HMR Developments Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1608

The Court, being satisfied an agreement under s 34(3) Land and Environment Court Act 1979 was reached and proper, is required to make orders in accordance with that agreement.

Parties
Applicant: HMR Developments Pty Ltd; Respondent: Ku-ring-gai Municipal Council
Jurisdiction
Australia
Judgment Date
30 October 2017
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; costs ordered
Legal Topics
Development Application, Multi Dwelling Housing, Conciliation Conference, Approval of Conditions
Planning Law Development Application Multi Dwelling Housing Conciliation Conference Approval of Conditions

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Parties

HMR Developments Pty Ltd

Applicant

Ku-ring-gai Municipal Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the development application for demolition and construction of multi dwelling housing should be approved on agreed terms

Ratio Decidendi

The Court, being satisfied an agreement under s 34(3) Land and Environment Court Act 1979 was reached and proper, is required to make orders in accordance with that agreement.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs ordered

Orders

  • The applicant is granted leave to amend the development application and rely on the plans referred to in Condition 1 of Annexure "A".
  • The Appeal is upheld.