Vantage Pymble Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1503

Vantage Pymble Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1503

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 agreement, resulting in leave to amend the development application, the appeal being upheld, and approval of DA0527/17 subject to conditions.

Jurisdiction
Australia
Judgment Date
05 October 2018
Procedural Posture
Class 1 Development Application Appeal / Final Orders Following Conciliation Conference and Agreement Under S 34(3) of the Land and Environment Court Act 1979
Outcome
Appeal upheld; Development Application DA0527/17 approved subject to conditions.
Legal Topics
['development Application' 'conciliation Conference' 's 34 Agreement' 'development Consent' 'costs Thrown Away']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'conciliation Conference' 's 34 Agreement' 'development Consent' 'costs Thrown Away']

Case Brief

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Procedural Posture

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

Legal Issues

  1. 1 ["Whether the proceedings should be disposed of in accordance with the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether Development Application DA0527/17 should be approved subject to agreed conditions']

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 agreement, resulting in leave to amend the development application, the appeal being upheld, and approval of DA0527/17 subject to conditions.

Court Disposition

Appeal upheld; Development Application DA0527/17 approved subject to conditions.

Orders

  • ['The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A" to this agreement' 'The Appeal is upheld' 'Development Application DA0527/17 for the demolition of the existing structures and construction of a residential flat building...