JKN Australia Pty Ltd v Bayside City Council [2016] NSWLEC 1595

JKN Australia Pty Ltd v Bayside City Council [2016] NSWLEC 1595

As the parties reached an agreement at or after a conciliation conference under s 34(3), and the Commissioner was satisfied the decision was one the Court could have properly made, orders were made to give effect to the agreement without merit assessment.

Jurisdiction
Australia
Judgment Date
14 December 2016
Procedural Posture
Class 1 / Orders Following Conciliation Conference Under S 34(3) Land and Environment Court Act 1979
Outcome
Appeal upheld; orders made disposing the proceedings in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'orders']

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Procedural Posture

Class 1 / Orders Following Conciliation Conference Under S 34(3) Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether agreement reached at conciliation conference should be disposed of in accordance with s 34(3) Land and Environment Court Act 1979']

Ratio Decidendi

As the parties reached an agreement at or after a conciliation conference under s 34(3), and the Commissioner was satisfied the decision was one the Court could have properly made, orders were made to give effect to the agreement without merit assessment.

Court Disposition

Appeal upheld; orders made disposing the proceedings in accordance with the agreement under s 34(3) of the Land and Environment Court Act 1979.

Orders

  • ['The appeal is upheld.' 'The clause 4.6 requests with respect to height and FSR as prepared by LJB Urban Planning and annexed to the agreement are upheld.' 'Development application 2014/68/1 for the redevelopment of the existing industrial site for a mixed use development comprising 2 residential flat buildings...