Vigor Master Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1369

Vigor Master Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1369

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed decision.

Jurisdiction
Australia
Judgment Date
03 August 2016
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
The appeal was upheld and Application No. DA0255/15 was approved subject to conditions, with the Applicant to pay the Respondent's costs thrown away by reason of the amended plans and documents as agreed or assessed.
Legal Topics
['development Application' 'boarding House' 'demolition of Existing Dwelling' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away by Amended Plans']
['planning and Environment' 'land and Environment Court Procedure'] ['development Application' 'boarding House' 'demolition of Existing Dwelling' 'conciliation Conference' 'agreement Between the Parties' 'costs Thrown Away by Amended Plans']

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 Court should make orders giving effect to the parties' agreement under s 34(3) of the Land and Environment Court Act 1979" 'Whether Application No. DA0255/15 for demolition of an existing dwelling and construction of a boarding house should be approved subject to conditions']

Ratio Decidendi

Because the parties reached an agreement under s 34(3) of the Land and Environment Court Act 1979 and the Acting Commissioner was satisfied that the agreed decision was one the Court could have made in the proper exercise of its functions, the proceedings were disposed of in accordance with the agreed decision.

Court Disposition

The appeal was upheld and Application No. DA0255/15 was approved subject to conditions, with the Applicant to pay the Respondent's costs thrown away by reason of the amended plans and documents as agreed or assessed.

Orders

  • ['The appeal is upheld.' 'The Applicant is granted leave to rely upon the amended plans and documents listed in condition 1 of Schedule B to Annexure "A" hereto.' 'Application No. DA0255/15 for the demolition of an existing dwelling and construction of a boarding house containing 21 boarding rooms (including a...