Rudder Development Four Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1355

Rudder Development Four Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1355

Because the parties agreed on the terms of a decision arising from conciliation and the Commissioner was satisfied that the decision was one the Court could properly make, orders giving effect to the agreement were made without a merit assessment.

Jurisdiction
Australia
Judgment Date
11 July 2018
Procedural Posture
Development Application Appeal / Conciliation Conference Decision
Outcome
Appeal upheld; development approved subject to conditions
Legal Topics
['conciliation Conference' 'development Application' 'variation of Planning Controls']
['planning and Environment'] ['conciliation Conference' 'development Application' 'variation of Planning Controls']

Case Brief

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Procedural Posture

Development Application Appeal / Conciliation Conference Decision

Legal Issues

  1. 1 ['Whether an agreement reached at conciliation conference should be formalised as orders under s 34(3) of the Land and Environment Court Act 1979']

Ratio Decidendi

Because the parties agreed on the terms of a decision arising from conciliation and the Commissioner was satisfied that the decision was one the Court could properly make, orders giving effect to the agreement were made without a merit assessment.

Court Disposition

Appeal upheld; development approved subject to conditions

Orders

  • ['Leave granted to rely on amended plans and documents listed in Condition 1 of Annexure A.' 'Request pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015 to vary the height control in clause 4.3 of the plan is upheld.' 'The appeal is upheld.' 'Development Application No. DA0438/17 for demolition...