Joseph Hannah v Ku-ring-gai Council [2017] NSWLEC 1117

Joseph Hannah v Ku-ring-gai Council [2017] NSWLEC 1117

Agreement acceptable to both parties was reached during conciliation conference and was one that the Court could have made, requiring the Court to dispose of the proceedings in accordance with the agreement.

Parties
Applicant: Joseph Hannah; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
07 March 2017
Procedural Posture
Appeal Against Planning Decision (development Application) / Final Determination Post Conciliation Conference
Outcome
Appeal upheld, development application approved subject to conditions, applicant to pay respondent's costs thrown away by amendment as agreed or assessed.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties, Orders Under S 34(3) Land and Environment Court Act 1979
Planning and Environment Development Application Conciliation Conference Agreement Between Parties Orders Under S 34(3) Land and Environment Court Act 1979

Case Brief

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Parties

Joseph Hannah

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal Against Planning Decision (development Application) / Final Determination Post Conciliation Conference

Legal Issues

  1. 1 Whether the appeal against refusal of development application should be upheld
  2. 2 Whether amended development application documents should be allowed
  3. 3 Terms of approval and payment of costs following amendment

Ratio Decidendi

Agreement acceptable to both parties was reached during conciliation conference and was one that the Court could have made, requiring the Court to dispose of the proceedings in accordance with the agreement.

Court Disposition

Appeal upheld, development application approved subject to conditions, applicant to pay respondent's costs thrown away by amendment as agreed or assessed.

Orders

  • Appeal is upheld
  • Applicant granted leave to amend the development application by relying on specified plans