Lindfield Pty Limited v Ku-ring-gai Council [2018] NSWLEC 1147

Lindfield Pty Limited v Ku-ring-gai Council [2018] NSWLEC 1147

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms acceptable to them, and the Commissioner was satisfied that the 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 granting leave to rely on amended material, upholding the clause 4.6 written request and the appeal, and approving Development Application No. DA0175 subject to conditions.

Jurisdiction
Australia
Judgment Date
23 March 2018
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. DA0175 approved subject to conditions in Annexure A.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Written Request to Vary Height Limit' 'costs Thrown Away' 'residential Flat Building']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Written Request to Vary Height Limit' 'costs Thrown Away' 'residential Flat Building']

Case Brief

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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 Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether the applicant should be granted leave to rely on amended plans and documents' "Whether the applicant's clause 4.6 written request to vary the height limit should be upheld" 'Whether Development Application No. DA0175 should be approved subject to conditions']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms acceptable to them, and the Commissioner was satisfied that the 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 granting leave to rely on amended material, upholding the clause 4.6 written request and the appeal, and approving Development Application No. DA0175 subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA0175 approved subject to conditions in Annexure A.

Orders

  • ['Leave is granted to the applicant to rely on the amended plans and documents listed in Condition 2 of the conditions attached in Annexure "A".' "The applicant is to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s 8.15(3) of the Environmental Planning and Assessment...