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 1. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed. 2. The appeal is upheld. 3. Development Consent is granted to Development Application No. 148/2015 for the demolition of existing structures and construction of a 3 storey child care centre for 56 children over 1 level of basement car parking containing 19 spaces on the land known as Lot 27 and Lot 28 in Deposited Plan 1056155, 30-30A Landers Road, Lane Cove North subject to the conditions as contained in Annexure "A". ……………. Commissioner Morris 154374.16 Morris (C) (367 KB, pdf) 154374.16 Morris_Plans (3.57 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 09 June 2016