McNamee v Ku-ring-gai Council [2018] NSWLEC 1289

McNamee v Ku-ring-gai Council [2018] NSWLEC 1289

The Court disposed of the proceedings in accordance with the agreement between the parties as required by s 34(3) of the Land and Environment Court Act 1979, being satisfied that such a decision was within the Court's proper functions.

Parties
Applicant: Peter McNamee; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
18 June 2018
Procedural Posture
Appeal / Disposal After Conciliation Conference Agreement
Outcome
Appeal upheld; modification application approved pursuant to parties' agreement
Legal Topics
Modification Application, Residential Flat Building, Land and Environment Court Appeal
Planning Law Environmental Law Modification Application Residential Flat Building Land and Environment Court Appeal

Case Brief

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Parties

Peter McNamee

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Disposal After Conciliation Conference Agreement

Legal Issues

  1. 1 Whether modification application for residential flat building approval should be granted following agreement between the parties

Ratio Decidendi

The Court disposed of the proceedings in accordance with the agreement between the parties as required by s 34(3) of the Land and Environment Court Act 1979, being satisfied that such a decision was within the Court's proper functions.

Court Disposition

Appeal upheld; modification application approved pursuant to parties' agreement

Orders

  • Leave granted to the applicant to rely on the amended plans and documents listed in Condition 1 of the conditions annexed and marked 'A'.
  • The appeal is upheld.