Prestige Locations Pty Ltd v Ku ring gai Council [2016] NSWLEC 1599

Prestige Locations Pty Ltd v Ku ring gai Council [2016] NSWLEC 1599

The appeal was upheld and the development application approved, following an agreement between the parties during a conciliation conference, as permitted by s 34(3) of the Land and Environment Court Act 1979.

Jurisdiction
Australia
Judgment Date
07 December 2016
Procedural Posture
Development Appeal / Final Disposition After Conciliation Conference
Outcome
Appeal upheld; Development Application approved subject to conditions; costs order made
Legal Topics
['development Application' 'appeal' 'conciliation Conference' 'agreement Between Parties']
['planning Law' 'environmental Law'] ['development Application' 'appeal' 'conciliation Conference' 'agreement Between Parties']

Case Brief

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Procedural Posture

Development Appeal / Final Disposition After Conciliation Conference

Legal Issues

  1. 1 ['Whether Development Application No. DA0226/16 for demolition of existing structures and construction of a mixed use development should be approved.']

Ratio Decidendi

The appeal was upheld and the development application approved, following an agreement between the parties during a conciliation conference, as permitted by s 34(3) of the Land and Environment Court Act 1979.

Court Disposition

Appeal upheld; Development Application approved subject to conditions; costs order made

Orders

  • ['The applicant is granted leave to rely on the amended plans referred to in Condition 1 of Annexure A' "The applicant is to pay the respondent's costs thrown away for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 agreed at $4,000" 'The appeal is upheld' 'Development Application...