Staldone Corporation Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1201

Staldone Corporation Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1201

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; accordingly, the Court disposed of the proceedings in accordance with the agreement by making the final orders.

Jurisdiction
Australia
Judgment Date
27 May 2016
Procedural Posture
Class 1 Development Application Appeal / Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; development consent granted subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']
['planning and Environment Law'] ['development Application' 'conciliation Conference' 'agreement Between the Parties' 'development Consent']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the Court should dispose of the proceedings in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979."]

Ratio Decidendi

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; accordingly, the Court disposed of the proceedings in accordance with the agreement by making the final orders.

Court Disposition

Appeal upheld; development consent granted subject to conditions.

Orders

  • ["The applicant is granted leave to amend its development application in accordance with the plans and documents specified in condition 1 of Annexure 'A'." 'The appeal is upheld.' "Development Consent is granted to DA554/15 for demolition of existing structures and the construction of a residential flat building...