HRBT Enterprises v Ku ring gai Council [2016] NSWLEC 1610

HRBT Enterprises v Ku ring gai Council [2016] NSWLEC 1610

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 making the final orders.

Jurisdiction
Australia
Judgment Date
16 December 2016
Procedural Posture
Class 1 Development Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']
['planning and Environment Law' 'development Appeals'] ['development Application Refusal Appeal' 'conciliation Conference' 'agreement Between the Parties' 'development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Appeal / 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 parties' agreement under s 34(3) of the Land and Environment Court Act 1979 should be given effect by orders of the Court." 'Whether development consent should be granted to Development Application No DA-0592/15 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 making the final orders.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["The Applicant is granted to leave to amend its application to rely on the amended plans and documents referred to in Condition 1 of 'Annexure A' to this agreement;" 'Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 the applicant is to pay the respondents costs thrown away as agreed or...