Mackenzie Architects International v Ku-ring-gai Council [2016] NSWLEC 1305

Mackenzie Architects International v Ku-ring-gai Council [2016] NSWLEC 1305

As the parties reached an agreement at conciliation conference that the court was satisfied it could have made in the proper exercise of its functions, the court made orders to dispose of the proceedings in accordance with that agreement, granting development consent subject to specified conditions and amended plans.

Parties
Applicant: Mackenzie Architects International; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
22 July 2016
Procedural Posture
Development Application Appeal / Final Orders Following Conciliation Conference
Outcome
Development consent granted subject to conditions following agreement between parties at conciliation conference.
Legal Topics
Development Application, Conciliation Conference, Agreement Between Parties
Planning Law Environmental Law Development Application Conciliation Conference Agreement Between Parties

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Parties

Mackenzie Architects International

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether development consent should be granted for multi-dwelling housing at 38 and 40 Mcintyre Street, Gordon
  2. 2 Whether agreement reached at conciliation conference is acceptable to the court under s 34(3) Land and Environment Court Act 1979

Ratio Decidendi

As the parties reached an agreement at conciliation conference that the court was satisfied it could have made in the proper exercise of its functions, the court made orders to dispose of the proceedings in accordance with that agreement, granting development consent subject to specified conditions and amended plans.

Court Disposition

Development consent granted subject to conditions following agreement between parties at conciliation conference.

Orders

  • Leave granted for applicant to rely on specified amended plans.
  • Applicant to pay respondent's costs thrown away as agreed or assessed pursuant to s 97B Environmental Planning and Assessment Act 1979.