Marvel Development Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1112

Marvel Development Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1112

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and made orders upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
06 March 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA0136/17 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Written Request to Vary Height Limit' 'boarding House Development' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'clause 4.6 Written Request to Vary Height Limit' 'boarding House Development' 'costs Thrown Away']

Case Brief

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Procedural Posture

Class 1 Development Application Appeal / Final Orders After Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' 'Whether Development Application DA0136/17 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 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court was required to dispose of the proceedings in accordance with that agreement and made orders upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application DA0136/17 approved subject to conditions.

Orders

  • ['Leave is granted for the Applicant to rely on the amended plans and documents listed in paragraph 2 of the conditions of consent set out in Annexure "A" and included at Annexure "B".' 'The appeal is upheld.' "The Applicant's clause 4.6 written request to vary the height limit is upheld." 'Development Application...