Platinum Property Advisors Pty Ltd v HORNSBY SHIRE COUNCIL [2016] NSWLEC 1575

Platinum Property Advisors Pty Ltd v HORNSBY SHIRE COUNCIL [2016] NSWLEC 1575

The Court disposed of the proceedings by making orders reflecting the agreement reached between the parties at or after conciliation conference, as required by s 34(3) of the Land and Environment Court Act 1979, including approval of the amended development application and payment of costs thrown away to the respondent.

Jurisdiction
Australia
Judgment Date
02 December 2016
Procedural Posture
Class 1 Appeal / Conciliation Conference; Determination Following Agreement
Outcome
Appeal upheld; development application approved subject to conditions; order for costs thrown away
Legal Topics
['development Application' 'conciliation Conference' 'costs' 'agreement Between Parties']
['planning and Environment'] ['development Application' 'conciliation Conference' 'costs' 'agreement Between Parties']

Case Brief

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Procedural Posture

Class 1 Appeal / Conciliation Conference; Determination Following Agreement

Legal Issues

  1. 1 ['Whether consent should be granted for the development application as amended' 'Entitlement to costs thrown away due to amendment']

Ratio Decidendi

The Court disposed of the proceedings by making orders reflecting the agreement reached between the parties at or after conciliation conference, as required by s 34(3) of the Land and Environment Court Act 1979, including approval of the amended development application and payment of costs thrown away to the respondent.

Court Disposition

Appeal upheld; development application approved subject to conditions; order for costs thrown away

Orders

  • ['Applicant granted leave to amend the development application by substituting amended plans and documents' "Applicant to pay Respondent's costs thrown away as a result of amending the development application, in the amount of $6,500" 'Appeal upheld' "Development application No DA/590/2016 approved subject to...