Bellevue Projects Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1378

Land and Environment Court New South Wales

Medium Neutral Citation: Bellevue Projects Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1378 Hearing dates: Conciliation conference on 2, 3, 4 August 2016 Date of orders: 12 August 2016 Decision date: 12 August 2016 Jurisdiction: Class 1 Before: Dixon C Decision: See (4) below Catchwords: SUBDIVISION APPEAL: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning & Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Bellevue Projects Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Michael Staunton (Applicant) Verity Mc William (Respondent)

Solicitors: Storey & Gough (Applicant) Sparke Helmore Lawyers (Respondent) File Number(s): 2016/00154684 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 granted leave to amend the development application to rely upon the following plans: Title/Name Drawing No. Revision/Issue Date Prepared by Subdivision Plan DA A 28/08/2015 Frank Bortolotti 15/07/05 Proposed Driveway + DA G 05/08/2016 Frank Bortolotti Sub-division Site Plan 15/06/01 L&EC Entry + Site Plan DA 15/06/02 B 05/08/2016 Frank Bortolotti Driveway Profile Acor Consultants Existing Bitumen SK10 F 05/08/2016 (CC) Pty Limited Surface Proposed Driveway SK11 F 05/08/2016 Acor Consultants Plan (CC) Pty Limited Stormwater Management Plan SK12 F 05/08/2016 Acor Consultants (CC) Pty Limited Interallotment Drainage Plan & SK-LS1 B 05/08/2016 Acor Consultants Interallotment Drainage Longitudinal Section (CC) Pty Limited Driveway Cross Sections LE1 B 04/08/2016 Acor Consultants (CC) Pty Limited Driveway Longitudinal LE2 B 04/08/2016 Acor Consultants Section Alignment LS1 (CC) Pty Limited Driveway Cross Sections – Sheet 2 LE3 B 04/08/2016 Acor Consultants (CC) Pty Limited Landscape Plans Geoffrey Britten 3 sheets hand drawn