Parsonage v Ku-ring-gai Council [2016] NSWLEC 1400

Parsonage v Ku-ring-gai Council [2016] NSWLEC 1400

Orders were made to give effect to an agreement reached between the parties at a conciliation conference, in accordance with s 34(3) of the Land and Environment Court Act 1979. The court was satisfied that the agreement was one that could be made in a proper exercise of its functions.

Parties
Applicants: Stephen Parsonage and Kate Parsonage; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
31 August 2016
Procedural Posture
Class 1 / Post Conciliation Conference Final Orders
Outcome
Appeal upheld; development consent granted subject to conditions; applicant granted leave to amend application; applicant to pay specified costs to Council.
Legal Topics
Development Application, Conciliation Conference, Court Orders
Environmental Law Planning Law Development Application Conciliation Conference Court Orders

Case Brief

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Parties

Stephen Parsonage and Kate Parsonage

Applicants

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 / Post Conciliation Conference Final Orders

Legal Issues

  1. 1 Whether the agreement reached between the parties at conciliation may be given effect as a court order under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

Orders were made to give effect to an agreement reached between the parties at a conciliation conference, in accordance with s 34(3) of the Land and Environment Court Act 1979. The court was satisfied that the agreement was one that could be made in a proper exercise of its functions.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant granted leave to amend application; applicant to pay specified costs to Council.

Orders

  • The applicant is granted leave to amend its development application in accordance with the plans and documents specified in condition 1 of Attachment 'A'.
  • The applicant to pay the Council's costs that are thrown away as a result of amending the application in the amount of $5,000 including GST.