Khouri v Hunters Hill Council [2020] NSWLEC 1071

Khouri v Hunters Hill Council [2020] NSWLEC 1071

Because the parties reached agreement at the s 34 conciliation conference on terms of a decision that the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving Development Application No. 2019-1002 subject to conditions.

Jurisdiction
Australia
Judgment Date
21 February 2020
Procedural Posture
Class 1 Appeal Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2019 1002 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. 2019-1002 approved subject to conditions of consent.
Legal Topics
['development Application' 'conciliation Conference' 'childcare Centre' 'development Consent' 'costs']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'childcare Centre' 'development Consent' 'costs']

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 Pursuant to S 8.7(1) of the Environmental Planning and Assessment Act 1979 Against Refusal of Development Application No. 2019 1002 / Orders Following Conciliation Conference Under S 34 of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the proceedings should be disposed of in accordance with the agreement reached by the parties at the conciliation conference.' 'Whether Development Application No. 2019-1002 should be approved subject to conditions of consent.']

Ratio Decidendi

Because the parties reached agreement at the s 34 conciliation conference on terms of a decision that the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with that agreement by upholding the appeal and approving Development Application No. 2019-1002 subject to conditions.

Court Disposition

Appeal upheld; Development Application No. 2019-1002 approved subject to conditions of consent.

Orders

  • ["The applicant is granted leave to amend the application by relying on the amended plans listed at Part A Condition 2 of the Conditions of Consent at Annexure 'A'." "The Applicant is to pay the Respondent's costs pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of...