Chen v Ku-ring-gai Council [2020] NSWLEC 1047

Chen v Ku-ring-gai Council [2020] NSWLEC 1047

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 make in the proper exercise of its functions, including because the development was permissible in the R2 – Low Density Residential zone, complied with the applicable height development standard and the site was not likely to be contaminated, the proceedings were disposed of by granting leave to amend the application and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
31 January 2020
Procedural Posture
Class 1 Appeal Against Refusal of a Development Application / Conciliation Conference; Agreement Reached and Final Orders Made
Outcome
Appeal upheld; Development Application number DA0292/18 approved subject to conditions in Annexure 'A'.
Legal Topics
['development Application Appeal' 'development Consent' 'conciliation Conference' 'residential Development' 'state Environmental Planning Policy No 55 – Remediation of Land']
['planning and Environment Law'] ['development Application Appeal' 'development Consent' 'conciliation Conference' 'residential Development' 'state Environmental Planning Policy No 55 – Remediation of Land']

Case Brief

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Procedural Posture

Class 1 Appeal Against Refusal of a Development Application / Conciliation Conference; Agreement Reached and Final Orders Made

Legal Issues

  1. 1 ['Whether the Court could grant leave to amend the development application and determine the appeal by approving the amended development application subject to conditions following an agreement reached at a conciliation conference.' 'Whether jurisdictional preconditions for approval of the amended development application were met, including permissibility, height compliance and consideration of contamination.']

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 make in the proper exercise of its functions, including because the development was permissible in the R2 – Low Density Residential zone, complied with the applicable height development standard and the site was not likely to be contaminated, the proceedings were disposed of by granting leave to amend the application and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application number DA0292/18 approved subject to conditions in Annexure 'A'.

Orders

  • ["The Applicants are granted leave to amend the application and rely on the plans listed under Condition 1 below the heading 'The development must be carried out in accordance with the plans and documentation listed below:' in Annexure 'A'." 'Appeal upheld.' "Development Application number DA0292/18 for construction...