Vigor Master Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1471

Vigor Master Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1471

The appeal is upheld and development application approved in terms agreed at conciliation conference, under s34(3) of the Land and Environment Court Act 1979, the Court being satisfied the decision is within its power and jurisdiction.

Parties
Applicant: Vigor Master Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
30 August 2017
Procedural Posture
Appeal / Post Conciliation Conference – Final Orders
Outcome
Appeal upheld; development application approved with conditions; costs to respondent
Legal Topics
Development Applications, Land and Environment Court Act S34(3), Conciliation Conference
Planning and Environment Development Applications Land and Environment Court Act S34(3) Conciliation Conference

Case Brief

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Parties

Vigor Master Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Post Conciliation Conference – Final Orders

Legal Issues

  1. 1 Whether the agreement reached at conciliation conference should be dispositional under s 34(3) of the Land and Environment Court Act 1979

Ratio Decidendi

The appeal is upheld and development application approved in terms agreed at conciliation conference, under s34(3) of the Land and Environment Court Act 1979, the Court being satisfied the decision is within its power and jurisdiction.

Court Disposition

Appeal upheld; development application approved with conditions; costs to respondent

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'.