JK St George Holdings Pty Ltd v Lane Cove Municipal Council [2016] NSWLEC 1237

JK St George Holdings Pty Ltd v Lane Cove Municipal Council [2016] NSWLEC 1237

The appeal was resolved under s34(3) of the Land and Environment Court Act 1979 by consent of the parties, with orders granting development consent and payment of costs as per the agreement reached. No merit assessment was made by the Commissioner.

Jurisdiction
Australia
Judgment Date
09 June 2016
Procedural Posture
Class 1 Development Application Appeal / Post Conciliation Conference Determination
Outcome
Appeal upheld, development consent granted, costs ordered
Legal Topics
['development Application' 'conciliation Conference' 'agreement Under S34(3) Land and Environment Court Act 1979' 'development Consent']
['planning and Environment'] ['development Application' 'conciliation Conference' 'agreement Under S34(3) Land and Environment Court Act 1979' 'development Consent']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 1 Development Application Appeal / Post Conciliation Conference Determination

Legal Issues

  1. 1 ['Whether the conciliation conference resulted in an agreement acceptable to the parties under s34(3) of the Land and Environment Court Act 1979' 'Whether the court could have made the decision in proper exercise of its functions']

Ratio Decidendi

The appeal was resolved under s34(3) of the Land and Environment Court Act 1979 by consent of the parties, with orders granting development consent and payment of costs as per the agreement reached. No merit assessment was made by the Commissioner.

Court Disposition

Appeal upheld, development consent granted, costs ordered

Orders

  • ['Leave granted to Applicant to amend the development application by substituting specified plans and reports' "Applicant to pay Respondent's thrown away costs as a result of amendment as agreed or assessed under section 97B(2) Environmental Planning and Assessment Act 1979" 'Appeal upheld' "Development Consent...