Koho Projects Pty Ltd v Byron Shire Council [2017] NSWLEC 1034

Koho Projects Pty Ltd v Byron Shire Council [2017] NSWLEC 1034

The appeal was resolved by agreement between the parties at a conciliation conference as permitted under s 34(3) of the Land and Environment Court Act 1979; the Commissioner was satisfied the agreed decision could have been made in exercise of the Court’s functions, and therefore made orders giving effect to the agreement, including consent to the amended development application and award of costs.

Parties
Applicant: Koho Projects Pty Ltd; Respondent: Byron Shire Council
Jurisdiction
Australia
Judgment Date
01 February 2017
Procedural Posture
Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld; development consent granted
Legal Topics
Development Application, Multi Unit Housing, Affordable Rental Housing, Conciliation Conference, Amendment of Application, Costs Orders
Planning Law Environmental Law Development Application Multi Unit Housing Affordable Rental Housing Conciliation Conference Amendment of Application Costs Orders

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Parties

Koho Projects Pty Ltd

Applicant

Byron Shire Council

Respondent

Procedural Posture

Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 Refusal of development application for demolition and construction of multi-unit housing including affordable rental housing
  2. 2 Amendment of development application
  3. 3 Costs due to amendment

Ratio Decidendi

The appeal was resolved by agreement between the parties at a conciliation conference as permitted under s 34(3) of the Land and Environment Court Act 1979; the Commissioner was satisfied the agreed decision could have been made in exercise of the Court’s functions, and therefore made orders giving effect to the agreement, including consent to the amended development application and award of costs.

Court Disposition

Appeal upheld; development consent granted

Orders

  • Leave to amend development application granted, substituting specified plans
  • Applicant to pay $7,500 costs to Respondent within 28 days