MKD Architects Pty Ltd v Randwick City Council [2016] NSWLEC 1329

MKD Architects Pty Ltd v Randwick City Council [2016] NSWLEC 1329

The proceedings are disposed in accordance with the parties’ agreement pursuant to s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied such a decision could have been made by the Court properly.

Parties
Applicant: MKD Architects Pty Ltd; Respondent: Randwick City Council
Jurisdiction
Australia
Judgment Date
10 August 2016
Procedural Posture
Class 1 Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions; no order as to costs.
Legal Topics
Development Application, Conciliation Conference, Agreed Orders
Planning and Environment Development Application Conciliation Conference Agreed Orders

Case Brief

Summary, issues, holding and outcome

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Parties

MKD Architects Pty Ltd

Applicant

Randwick City Council

Respondent

Procedural Posture

Class 1 Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 Whether the Court should make orders in accordance with the parties’ agreement pursuant to s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The proceedings are disposed in accordance with the parties’ agreement pursuant to s 34(3) of the Land and Environment Court Act 1979, as the Commissioner was satisfied such a decision could have been made by the Court properly.

Court Disposition

Appeal upheld; development application approved subject to conditions; no order as to costs.

Orders

  • Applicant granted leave to rely on amended plans as identified in Condition 1 of Annexure 'A'.
  • Appeal upheld.