Alan Kempster Architects Pty Ltd v Warringah Council [2006] NSWLEC 236

Land and Environment Court of New South Wales

CITATION : Alan Kempster Architects Pty Ltd v Warringah Council [2006] NSWLEC 236

APPLICANT Alan Kempster Architects Pty Limited PARTIES : RESPONDENT Warringah Council

FILE NUMBER(S) : 11345 of 2005

CORAM: Murrell C

KEY ISSUES: Appeal :- Consent Orders

LEGISLATION CITED: Environmental Planning and Assessment Act 1979

DATES OF HEARING: 03/03/06

EX TEMPORE JUDGMENT DATE : 03/03/2006

APPLICANT Mr A. Kempster, litigant in person

LEGAL REPRESENTATIVES: RESPONDENT Mr K. Webber, solicitor of Wilshire Webb

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Murrell C

3 March 2006

11345 of 2005 Alan Kempster Architects Pty Limited v Warringah Council

JUDGMENT 1 This matter has come before the Court this morning as consent orders. By way of background, I originally inspected the subject site in the process of a neutral evaluation and the neutral evaluation resulted in some amendments that the applicant was prepared to incorporate into the plans and today it is proposed as consent orders.

2 The neutral evaluation, it has been agreed between the parties that the evidence and the substance of those matters that were discussed at the neutral evaluation can be part of consideration in these proceedings in terms of 61(I)(6)(a) of the Land and Environment Court Act. As such the Court does have the benefit of the site inspection and in that regard it is in a position to determine the consent orders.