JK St George Holdings Pty Ltd v Lane Cove Municipal Council [2016] NSWLEC 1237

Land and Environment Court New South Wales

Medium Neutral Citation: JK St George Holdings Pty Ltd v Lane Cove Municipal Council [2016] NSWLEC 1237 Hearing dates: Conciliation conference on 4 April, 9 and 18 May 2016 Date of orders: 09 June 2016 Decision date: 09 June 2016 Jurisdiction: Class 1 Before: Morris C 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: JK St George Holdings Pty Ltd (Applicant) Lane Cove Council (Respondent) Representation: Mr C Shaw, Swaab Attorneys (Applicant) Mr A Seton, Marsdens Law Group (Respondent) File Number(s): 154374/2016 Publication restriction: No

Judgment 1. 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 under s34(3) of the Land and Environment Court Act 1979 are: 1. The Applicant is given leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application: Drawing Title Drawing No. Revision Prepared by Dated Site Plan A1 Option B (Modified) Nigel Merryweather Architect 14.9.15 Basement Plan A2 Option B (Modified) Nigel Merryweather Architect 14.9.15 Ground Floor Plan A3 Option B (Modified) Nigel Merryweather Architect 14.9.15 Level 1 Plan A4 Option B (Modified) Nigel Merryweather Architect 14.9.15 Level 2 Plan A5 Option B (Modified) Nigel Merryweather Architect 14.9.15 Roof Plan A6 Option B (Modified) Nigel Merryweather Architect 14.9.15 Sections 1 A7 Option B (Modified) Nigel Merryweather Architect 14.9.15 Sections 2 A8 Option B (Modified) Nigel Merryweather Architect 14.9.15 Elevations A9 Option B (Modified) Nigel Merryweather Architect 14.9.15 Basement Driveway Sections A11 Option B (Modified) Nigel Merryweather Architect 14.9.15 Fences A12 Option B (Modified) Nigel Merryweather Architect 14.9.15 Areas Deep Soil and Landscaping AR2 Option B (Modified) Nigel Merryweather Architect 14.9.15 Road Widening and new Site Boundaries BDYa A 27.7.16 Contamination Assessment Alliance Geotechnical 3 November 2015 Air Quality Report Benbow Environmental December 2015