Mackenzie Architects International Pty Ltd v Ku Ring Gai Council [2015] NSWLEC 1453

Mackenzie Architects International Pty Ltd v Ku Ring Gai Council [2015] NSWLEC 1453

An agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Court, being satisfied as required, disposed of the proceedings in accordance with that agreement without making any assessment of the original merit issues.

Parties
Applicant: Mackenzie Architects International Pty Ltd; Respondent: Ku-ring-gai Municipal Council
Jurisdiction
Australia
Judgment Date
03 November 2015
Procedural Posture
Appeal / Final Orders Following Conciliation Conference
Outcome
Proceedings disposed by consent orders under s 34(3)
Legal Topics
Development Application, Consent Orders, Section 34 Agreement
Environmental Law Planning Law Development Application Consent Orders Section 34 Agreement

Case Brief

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Parties

Mackenzie Architects International Pty Ltd

Applicant

Ku-ring-gai Municipal Council

Respondent

Procedural Posture

Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the refusal of the development application should be upheld

Ratio Decidendi

An agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Court, being satisfied as required, disposed of the proceedings in accordance with that agreement without making any assessment of the original merit issues.

Court Disposition

Proceedings disposed by consent orders under s 34(3)

Orders

  • Final orders made to give effect to the agreement between the parties; copy of the orders available as annexures