Blake v Ku-ring-gai Council [2018] NSWLEC 1537

Blake v Ku-ring-gai Council [2018] NSWLEC 1537

On satisfaction that the agreement between parties following conciliation was one the Court could have made, the Court made final orders under s 34(3) of the Land and Environment Court Act 1979 giving effect to the parties' agreement, approving the amended development application subject to conditions and making a costs order.

Jurisdiction
Australia
Judgment Date
10 October 2018
Procedural Posture
Development Application Appeal / Post Conciliation Conference, Final Orders
Outcome
Appeal upheld. Development application approved subject to conditions. Costs order made.
Legal Topics
['conciliation Conference' 'agreed Decision' 'development Application' 'costs']
['environmental Law' 'planning Law'] ['conciliation Conference' 'agreed Decision' 'development Application' 'costs']

Case Brief

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Procedural Posture

Development Application Appeal / Post Conciliation Conference, Final Orders

Legal Issues

  1. 1 ['Whether the agreement reached by parties under s 34(3) of the Land and Environment Court Act 1979 is acceptable and properly exercised by the Court' 'Whether the amended development application should be approved subject to conditions' 'Entitlement to costs thrown away resulting from amendments']

Ratio Decidendi

On satisfaction that the agreement between parties following conciliation was one the Court could have made, the Court made final orders under s 34(3) of the Land and Environment Court Act 1979 giving effect to the parties' agreement, approving the amended development application subject to conditions and making a costs order.

Court Disposition

Appeal upheld. Development application approved subject to conditions. Costs order made.

Orders

  • ['The Applicant is granted leave to rely upon the amended plans and documentation referred to in condition 1 of the conditions of consent at Annexure "A".' "The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and...