TC Tallwoods Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1513

TC Tallwoods Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1513

As the parties reached and agreed upon terms for disposing of the proceedings under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied the decision was within its power, the proceedings are disposed of accordingly without a merit assessment of the original issues.

Parties
Applicant: TC Tallwoods Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
18 September 2017
Procedural Posture
Class 1 / Disposition Following Conciliation Conference
Outcome
Application upheld and development application approved subject to conditions; costs awarded to Respondent.
Legal Topics
Development Application, Conciliation Conference, Land and Environment Court Act 1979
Planning and Environment Development Application Conciliation Conference Land and Environment Court Act 1979

Case Brief

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Parties

TC Tallwoods Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Class 1 / Disposition Following Conciliation Conference

Legal Issues

  1. 1 Whether agreement under s 34(3) of the Land and Environment Court Act 1979 is acceptable to the parties
  2. 2 Whether the Court can properly make the decision agreed

Ratio Decidendi

As the parties reached and agreed upon terms for disposing of the proceedings under s 34(3) of the Land and Environment Court Act 1979, and the Court was satisfied the decision was within its power, the proceedings are disposed of accordingly without a merit assessment of the original issues.

Court Disposition

Application upheld and development application approved subject to conditions; costs awarded to Respondent.

Orders

  • The Class 1 Application is upheld.
  • Development Application 619/16, for the demolition of existing dwelling and pool and construction of a Senior Living Development comprising 5 dwellings above a basement carpark at 38 Eastern Road, Turramurra NSW 2074, is approved, subject to the conditions set out in Annexure A.