Macri v Ku-ring-gai Council [2016] NSWLEC 1349

Macri v Ku-ring-gai Council [2016] NSWLEC 1349

The Court must make orders reflecting the parties’ agreement under s 34(3) Land and Environment Court Act 1979 if satisfied the agreement is one the Court could properly make.

Parties
Applicant: Stefano Macri; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
16 August 2016
Procedural Posture
Appeal / Conciliation Conference Agreement Final Orders
Outcome
Appeal upheld; development application approved per agreed conditions; costs orders made for amended plans.
Legal Topics
Development Application, Conciliation Conference, Agreement Under S 34(3) Land and Environment Court Act 1979, Seniors Living Development Approval
Planning and Environment Law Development Application Conciliation Conference Agreement Under S 34(3) Land and Environment Court Act 1979 Seniors Living Development Approval

Case Brief

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Parties

Stefano Macri

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Conciliation Conference Agreement Final Orders

Legal Issues

  1. 1 Whether the conciliation agreement should be given effect under s 34(3) of the Land and Environment Court Act 1979
  2. 2 Approval of amended plans and conditions for a seniors living development

Ratio Decidendi

The Court must make orders reflecting the parties’ agreement under s 34(3) Land and Environment Court Act 1979 if satisfied the agreement is one the Court could properly make.

Court Disposition

Appeal upheld; development application approved per agreed conditions; costs orders made for amended plans.

Orders

  • The appeal is upheld.
  • The Applicant is granted leave to rely upon the amended plans and documents listed in condition 1 of Annexure 'A'.