Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1713

Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1713

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 was required to dispose of the proceedings in accordance with that decision.

Jurisdiction
Australia
Judgment Date
12 December 2017
Procedural Posture
Class 1 Development Application Appeal / Orders Made Following Agreement Under S 34(3) of the Land and Environment Court Act 1979 After Conciliation Conference
Outcome
Appeal upheld; development consent granted subject to conditions; applicant granted leave to rely on amended plans and documents and ordered to pay respondent's costs thrown away as agreed or assessed.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'costs Thrown Away']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between Parties' 'development Consent' 'costs Thrown Away']

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Procedural Posture

Class 1 Development Application Appeal / Orders Made Following Agreement Under S 34(3) of the Land and Environment Court Act 1979 After Conciliation Conference

Legal Issues

  1. 1 ['Whether the parties had reached an agreement under s 34(3) of the Land and Environment Court Act 1979 as to terms of a decision acceptable to them.' 'Whether the agreed decision was one the Court could have made in the proper exercise of its functions.' "Whether the proceedings should be disposed of in accordance with the parties' agreed decision."]

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 was required to dispose of the proceedings in accordance with that decision.

Court Disposition

Appeal upheld; development consent granted subject to conditions; applicant granted leave to rely on amended plans and documents and ordered to pay respondent's costs thrown away as agreed or assessed.

Orders

  • ['The Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent annexed hereto at "A".' 'The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application on 24 November 2017, pursuant to section 97B(2) of the...