Johab Investments Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1523

Johab Investments Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1523

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 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 the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
04 November 2016
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application no. DA0618/15 approved subject to conditions contained in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'residential Apartment Development']
['planning and Environment Law' 'development Appeals'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'section 34 Orders' 'residential Apartment Development']

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Procedural Posture

Class 1 Development Application Appeal / 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 parties' agreement under s 34(3) of the Land and Environment Court Act 1979 was a decision the Court could have made in the proper exercise of its functions." 'Whether the proceedings should be disposed of in accordance with the agreed decision.']

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 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 the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application no. DA0618/15 approved subject to conditions contained in Annexure A.

Orders

  • ['The Applicant is granted leave to rely on the amended plans as referred to in the conditions of consent contain in Annexure "A".' 'The appeal is upheld.' "Development Application no. DA0618/15 for demolition of the existing dwellings and garages, and erection of 23 apartments in a four storey building with...