HSH Group Pty Ltd v Ku-ring-gai Municipal Council [2017] NSWLEC 1263

HSH Group Pty Ltd v Ku-ring-gai Municipal Council [2017] NSWLEC 1263

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; accordingly, the proceedings were disposed of in accordance with that agreement without a merit assessment of the disputed issues.

Jurisdiction
Australia
Judgment Date
26 May 2017
Procedural Posture
Class 1 Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da/468/16 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development application approved subject to conditions at Annexure A.
Legal Topics
['development Application Appeal' 'residential Flat Building' 'conciliation Conference' 'consent Orders' 'clause 4.6 Variation Request' 'costs']
['planning and Environment Law'] ['development Application Appeal' 'residential Flat Building' 'conciliation Conference' 'consent Orders' 'clause 4.6 Variation Request' 'costs']

Case Brief

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Procedural Posture

Class 1 Appeal Under S97(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. Da/468/16 / 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 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. DA0468/16 should be approved subject to conditions.' "Whether the Applicant's cl.4.6 variation request should be upheld."]

Ratio Decidendi

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; accordingly, the proceedings were disposed of in accordance with that agreement without a merit assessment of the disputed issues.

Court Disposition

Appeal upheld; development application approved subject to conditions at Annexure A.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely on the amended plans referred to in Condition 1 of the conditions of consent contained in Annexure A.' "The Applicant's cl.4.6 variation request is upheld." "The Applicant is to pay the Respondent's costs under s.97B of the Environmental Planning and...