Murtag Developments Pty Limited v Ku-ring- gai Council [2016] NSWLEC 1508

Murtag Developments Pty Limited v Ku-ring- gai Council [2016] NSWLEC 1508

As the parties reached an agreement at conciliation under s34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied it was a decision the Court could properly make, the proceedings must be disposed of in accordance with that agreement without a merits assessment.

Jurisdiction
Australia
Judgment Date
28 October 2016
Procedural Posture
Development Appeal / Final Orders Following Conciliation Conference
Outcome
Appeal upheld by consent; development application approved with conditions; costs thrown away to be paid by Applicant as agreed or assessed.
Legal Topics
['development Appeal' 'deemed Refusal' 'conciliation Conference' 'court Approved Agreement']
['planning and Environment'] ['development Appeal' 'deemed Refusal' 'conciliation Conference' 'court Approved Agreement']

Case Brief

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Procedural Posture

Development Appeal / Final Orders Following Conciliation Conference

Legal Issues

  1. 1 ['Whether development consent for DA 0593/2015 should be granted for construction of a residential flat building and basement parking at 1070-1072 Pacific Highway, Pymble']

Ratio Decidendi

As the parties reached an agreement at conciliation under s34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied it was a decision the Court could properly make, the proceedings must be disposed of in accordance with that agreement without a merits assessment.

Court Disposition

Appeal upheld by consent; development application approved with conditions; costs thrown away to be paid by Applicant as agreed or assessed.

Orders

  • ['The Class 1 appeal is upheld.' 'The Applicant is granted leave to rely upon the plans set out in operational Condition 1 in Annexure A.' 'Development Application number DA 0593/2015 is approved subject to the conditions in Annexure A.' 'The Applicant is to pay the Respondent costs thrown away as a result of...