Gelder Architects v Ku-ring-gai Council [2016] NSWLEC 1223

Land and Environment Court New South Wales

Medium Neutral Citation: Gelder Architects v Ku-ring-gai Council [2016] NSWLEC 1223 Hearing dates: Conciliation conference on 25 February, 23 March 2016 Date of orders: 06 June 2016 Decision date: 06 June 2016 Jurisdiction: Class 1 Before: Smithson AC Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: Gelder Architects (Applicant) Ku-ring-gai Council (Respondent) Representation: Solicitors: Mr Graham McKee, McKees Legal Solutions (Applicant) Ms Catherine Morton, Sparke Helmore Lawyers (Respondent) File Number(s): 2016/00158928 (Formerly 2015/11073) Publication restriction: No

Judgment 1. ACTING COMMISSIONER: In this matter, at or after a conciliation conference, an agreement under s 34(3) of the Land and Environment Court Act 1979 (the Court Act) was reached between the parties as to the terms of a decision in the proceedings that was acceptable to the parties. As the presiding Commissioner, I was satisfied that the decision was one that the Court could have made in the proper exercise of its functions (this being the test applied by s 34(3) of the Court Act). As a consequence, s 34(3)(a) of the Act required me to "dispose of the proceedings in accordance with the decision". 2. The Court Act also required me to "set out in writing the terms of the decision" (s 34(3)(b)). The orders made to give effect to the agreement constitute that document. 3. In making the orders to give effect to the agreement between the parties, I was not required to, and have not, made any merit assessment of the issues that were originally in dispute between the parties. 4. The final orders to give effect to the parties' agreement are: 1. The applicant is granted leave to amend the development application and rely on the amended plans referred to in Condition 1 of Annexure "A". 2. The Appeal is upheld. 3. Development Application No. DA0335/15 for demolition of existing structures and construction of 10 townhouses including basement parking and landscaping works at 7 Avon Road, Pymble is approved subject to the conditions set out in Annexure "A" to this agreement. 4. The applicant is to pay the respondent costs thrown away, pursuant to s97B of the Environmental Planning and Assessment Act 1979, as agreed or assessed. ……………. Jenny Smithson Acting Commissioner 158928.16 - Annexure A (179 KB, pdf)