Dong v Ku-ring-gai Council [2018] NSWLEC 1555

Dong v Ku-ring-gai Council [2018] NSWLEC 1555

The Court approved the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979, found it was a decision the Court could make, and made final orders to give effect to the agreement, including approval of the amended development application and award of costs.

Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Development Application Appeal / Conciliation Conference; Final Orders
Outcome
Appeal upheld
Legal Topics
['development Application' 'seniors Housing' 'conciliation Conference' 'court Approved Agreement']
['planning and Environment'] ['development Application' 'seniors Housing' 'conciliation Conference' 'court Approved Agreement']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference; Final Orders

Legal Issues

  1. 1 ['Whether to approve amended development application for seniors housing' 'Costs resulting from amendment of application' 'Whether agreement between the parties is one the Court could approve under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

The Court approved the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979, found it was a decision the Court could make, and made final orders to give effect to the agreement, including approval of the amended development application and award of costs.

Court Disposition

Appeal upheld

Orders

  • ['The applicant is granted leave to amend the development application and rely on the amended plans.' "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 Act 1979 in the amount of $10,000.00 in...