Vigor Master Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1026

Vigor Master Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1026

The matter was disposed of in accordance with an agreement under s 34(3) of the Land and Environment Court Act 1979; as the Court was satisfied the decision was one it could have made, it was required to dispose of the proceedings accordingly.

Parties
Applicant: Vigor Master Pty Ltd; Respondent: Ku-ring-gai Council
Jurisdiction
Australia
Judgment Date
23 January 2018
Procedural Posture
Appeal / Conciliation Conference and Final Orders
Outcome
Appeal upheld
Legal Topics
Modification Application, Deferred Commencement Condition, Conciliation Conference, S 34(3) Land and Environment Court Act 1979
Planning and Environment Modification Application Deferred Commencement Condition Conciliation Conference S 34(3) Land and Environment Court Act 1979

Case Brief

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Parties

Vigor Master Pty Ltd

Applicant

Ku-ring-gai Council

Respondent

Procedural Posture

Appeal / Conciliation Conference and Final Orders

Legal Issues

  1. 1 Whether the deferred commencement condition in the development consent should be removed

Ratio Decidendi

The matter was disposed of in accordance with an agreement under s 34(3) of the Land and Environment Court Act 1979; as the Court was satisfied the decision was one it could have made, it was required to dispose of the proceedings accordingly.

Court Disposition

Appeal upheld

Orders

  • The appeal is upheld.
  • Application No. MOD0211/16 to delete the deferred commencement condition of DA 0255/16 is approved and the development consent is now subject to the conditions annexed and marked 'A'.