Kougellis v North Sydney Council [2019] NSWLEC 1630

Land and Environment Court New South Wales

Medium Neutral Citation: Kougellis v North Sydney Council [2019] NSWLEC 1630 Hearing dates: Conciliation conference on 5 December 2019 Date of orders: 19 December 2019 Decision date: 19 December 2019 Jurisdiction: Class 1 Before: O'Neill C Decision: The orders of the Court are: (1) The applicant is granted leave to amend the application by relying on the amended plans referred to in condition 1 of the conditions of consent at Annexure A. (2)The Applicant is to pay the Respondent's costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979, in the total amount of $6,000 payable within 90 days from the date of this agreement. (3) The appeal is upheld. (4) Development Application No.40/18 is approved, subject to the conditions of consent at Annexure A. Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 North Sydney Local Environmental Plan 2013 Cases Cited: Four2Five Pty Ltd v Ashfield Council [2015] NSWLEC 90 Initial Action Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 118 RebelMH Neutral Bay Pty Limited v North Sydney Council [2019] NSWCA 130 Wehbe v Pittwater Council (2007) 156 LGERA 446 Category: Principal judgment Parties: Nicholas Kougellis (Applicant) North Sydney Council (Respondent) Representation: Counsel: M Parrino (Solicitor) (Applicant) S Kondilios (Solicitor) (Respondent)