McNamee v Ku-ring-gai Council [2018] NSWLEC 1313

McNamee v Ku-ring-gai Council [2018] NSWLEC 1313

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Jurisdiction
Australia
Judgment Date
25 June 2018
Procedural Posture
Class 1 Appeal Against Refusal of Development Application No. Da0345/17 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application No. DA0345/17 approved in accordance with conditions in Annexure A.
Legal Topics
['development Application' 'seniors Living Development' 'conciliation Conference' 'agreement Between Parties' 'development Consent Conditions']
['planning and Environment Law'] ['development Application' 'seniors Living Development' 'conciliation Conference' 'agreement Between Parties' 'development Consent Conditions']

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Procedural Posture

Class 1 Appeal Against Refusal of Development Application No. Da0345/17 / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979

Legal Issues

  1. 1 ['Whether the terms agreed by the parties under s 34(3) of the Land and Environment Court Act 1979 were a decision the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreement."]

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the Court disposed of the proceedings in accordance with that agreement by upholding the appeal and approving the development application subject to conditions.

Court Disposition

Appeal upheld; Development Application No. DA0345/17 approved in accordance with conditions in Annexure A.

Orders

  • ['Leave granted to the applicant to rely on the amended plans and documents listed in Condition 1 of the conditions attached and marked "A".' "The applicant to pay the Council's costs thrown away as a result of the amendment of the application pursuant to s8.15(3) of the Environmental Planning and Assessment Act...