MSMG Developments Pty Ltd v Hunters Hill Council [2018] NSWLEC 1497

MSMG Developments Pty Ltd v Hunters Hill Council [2018] NSWLEC 1497

As an agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979 that was acceptable to both and one the Court could properly have made, the proceedings were disposed of by issuing orders setting out the terms of the parties' agreement without merit assessment of the original disputes.

Parties
Applicant: MSMG Developments Pty Ltd; Respondent: Hunters Hill Council
Jurisdiction
Australia
Judgment Date
26 September 2018
Procedural Posture
Development Application Appeal / Final Orders After Conciliation Conference
Outcome
Appeal upheld; development application approved subject to conditions
Legal Topics
Development Application, Conciliation Conference, Agreement Under S 34(3) Land and Environment Court Act 1979
Planning and Environment Law Development Application Conciliation Conference Agreement Under S 34(3) Land and Environment Court Act 1979

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

MSMG Developments Pty Ltd

Applicant

Hunters Hill Council

Respondent

Procedural Posture

Development Application Appeal / Final Orders After Conciliation Conference

Legal Issues

  1. 1 Whether an agreement reached under s 34(3) of the Land and Environment Court Act 1979 can be given effect to by the Court
  2. 2 Whether leave should be granted to rely on amended plans
  3. 3 Whether the clause 4.6 request in relation to the height of building development standard should be upheld

Ratio Decidendi

As an agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979 that was acceptable to both and one the Court could properly have made, the proceedings were disposed of by issuing orders setting out the terms of the parties' agreement without merit assessment of the original disputes.

Court Disposition

Appeal upheld; development application approved subject to conditions

Orders

  • The applicant is granted leave to rely on the plans listed under Part 1, Condition 2 in Annexure 'A'
  • The clause 4.6 request prepared by Joe Vescio dated September 2018 in relation to the height of building development standard is upheld