Keith Pike Associates Pty Ltd v The Hills Shire Council [2018] NSWLEC 1118

Keith Pike Associates Pty Ltd v The Hills Shire Council [2018] NSWLEC 1118

As the parties reached an agreement at or after a conciliation conference acceptable to both under s 34(3), and the Commissioner was satisfied the decision could be made by the Court properly, the Court was required to make orders giving effect to that agreement.

Parties
Applicant: Keith Pike Associates Pty Ltd; Respondent: The Hills Shire Council
Jurisdiction
Australia
Judgment Date
08 March 2018
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld. Development consent granted subject to specified conditions.
Legal Topics
Development Application, Conciliation Conference, Agreed Orders
Planning and Environment Development Application Conciliation Conference Agreed Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1 Amounts and remedies 4
Sign in to unlock

Parties

Keith Pike Associates Pty Ltd

Applicant

The Hills Shire Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the proposed development should be granted consent under agreed terms reached at conciliation
  2. 2 Whether the Court can make orders under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

As the parties reached an agreement at or after a conciliation conference acceptable to both under s 34(3), and the Commissioner was satisfied the decision could be made by the Court properly, the Court was required to make orders giving effect to that agreement.

Court Disposition

Appeal upheld. Development consent granted subject to specified conditions.

Orders

  • Leave is granted to rely on Drawing No. A10a North Elevation Rev 1 prepared by Keith Pike Associates January 2018.
  • The appeal is upheld.