Robby Ingham Pty Ltd v Kiama Municipal Council [2016] NSWLEC 1490

Agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the Court could make the orders pursuant to that section.

Parties: Applicant: Robby Ingham Pty Ltd; Respondent: Kiama Municipal Council
Jurisdiction: Australia
Judgment Date: 25 October 2016
Procedural Posture: Appeal Against Refusal of Development Application / Final Orders Following Conciliation Conference Under S 34(3) Land and Environment Court Act 1979
Outcome: Appeal upheld; development application approved subject to conditions; costs to respondent
Legal Topics: Refusal of Development Application, Conciliation Conference, Agreement Between Parties

Planning and Environment Refusal of Development Application Conciliation Conference Agreement Between Parties

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Parties

Robby Ingham Pty Ltd

Applicant

Kiama Municipal Council

Respondent

Procedural Posture

Appeal Against Refusal of Development Application / Final Orders Following Conciliation Conference Under S 34(3) Land and Environment Court Act 1979

Legal Issues

1 Whether development application for construction of residential dwelling should be approved

Ratio Decidendi

Agreement was reached between the parties under s 34(3) of the Land and Environment Court Act 1979, and the Commissioner was satisfied the Court could make the orders pursuant to that section.

Court Disposition

Appeal upheld; development application approved subject to conditions; costs to respondent

Orders

The appeal is upheld.
The Applicant is granted leave to rely on the amended plans and updated supplementary documentation listed in Condition 1 of Annexure "A".