Peter Blake v Ku-ring-gai Council [2017] NSWLEC 1102

Peter Blake v Ku-ring-gai Council [2017] NSWLEC 1102

The Court, being satisfied that the decision reached by agreement is one it could have made, is required by s 34(3)(a) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the decision. Consequently, the appeal is upheld, and development consent is granted subject to conditions.

Parties
Applicant: Peter Blake; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
01 March 2017
Procedural Posture
Class 1 Development Appeal / Conciliation Conference Orders Following Agreement
Outcome
Appeal upheld; agreement between parties given effect to
Legal Topics
Development Application, Conciliation Conference, Consent Orders
Planning and Environment Development Application Conciliation Conference Consent Orders

Case Brief

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Parties

Peter Blake

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 Development Appeal / Conciliation Conference Orders Following Agreement

Legal Issues

  1. 1 Whether a decision disposed of by consent under s 34(3) of the Land and Environment Court Act 1979 can be made by the Court
  2. 2 Whether development consent should be granted in accordance with parties' agreement

Ratio Decidendi

The Court, being satisfied that the decision reached by agreement is one it could have made, is required by s 34(3)(a) of the Land and Environment Court Act 1979 to dispose of the proceedings in accordance with the decision. Consequently, the appeal is upheld, and development consent is granted subject to conditions.

Court Disposition

Appeal upheld; agreement between parties given effect to

Orders

  • The applicant is granted leave to rely on the amended plans and documents referred to in Condition 1 at Annexure A to this agreement.
  • Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW), the respondent's costs thrown away in the total amount of $5,000, by 5.00pm on 23 February 2017.