Land and Environment Court New South Wales Medium Neutral Citation: Mackenzie Architects International v Ku-ring-gai Council [2016] NSWLEC 1408 Hearing dates: Conciliation conference on 12 November, 10, 16 December 2015, 4, 23 February, 15 June, 14, 21, 28 July and 24 August 2016 Date of orders: 09 September 2016 Decision date: 09 September 2016 Jurisdiction: Class 1 Before: Smithson 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: Mackenzie Architects International (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr I Pickles (Applicant) Solicitors: Mr G Christmas, Apex Planning & Environment Law (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/00154398 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. Leave is granted to the Applicant to file and rely on the following amended plans: Plan Rev. Prepared by Date Architectural A-100 - Title Sheet K Mackenzie Architects International 14/07/2016 A-001 - Site Analysis G Mackenzie Architects International 19/01/2016 A-100 - Site/Roof Plan K Mackenzie Architects International 25/07/2016 A-101 - Floor Plan 01 J Mackenzie Architects International 22/06/2016 A-102 - Floor Plan 02 J Mackenzie Architects International 22/06/2016 A-103 - Floor Plan 01 & 02 J Mackenzie Architects International 22/06/2016 A-200 - Elevations 1 L Mackenzie Architects International 25/07/2016 A-201 - Elevations 2 & Sections L Mackenzie Architects International 25/07/2016 A-202 - Elevations 3 & Sections D Mackenzie Architects International 25/07/2016 A-400 - Compliances 1 J Mackenzie Architects International 22/06/2016 A-401 - Compliances 2 J Mackenzie Architects International 22/06/2016 A-402 - Compliances 3 J Mackenzie Architects International 22/06/2016 A-403 - Shadows J Mackenzie Architects International 22/06/2016 A-602 - TPZ Diagrams A Mackenzie Architects International 05/05/2016 A-603 - Circulation A Mackenzie Architects International 05/05/2016 A-604 - Circulation A Mackenzie Architects International 05/05/2016 A-605 - Circulation A Mackenzie Architects International 05/05/2016 A-606 - Building Height Plane A Mackenzie Architects International 14/07/2016 Landscape LPDA 15-48/1 – Landscape Plan I Conzept Landscape Architects 14/07/2016 LPDA 15-48/2 – Hardscape Plan I Conzept Landscape Architects 14/07/2016 LPDA 15-48/3 – Landscape Calculations H Conzept Landscape Architects 10/05/2016 LPDA15-48/4 – Landscape Details D Conzept Landscape Architects 06/05/2016 Stormwater and Civil Engineering DA-C1.01 – Cover Sheet 05 Dawes Consulting Engineers 11/05/2016 DA-C1.02 – General Arrangement 05 Dawes Consulting Engineers 11/05/2016 DA-C1.03 – Existing Drainage Easement Plan 04 Dawes Consulting Engineers 11/05/2016 DA-C2.01 – Concept Sediment & Erosion Control Plan 06 Dawes Consulting Engineers 11/05/2016 DA-C2.02 – Sediment & Erosion Details 04 Dawes Consulting Engineers 11/05/2016 DA-C3.01 – Concept Stormwater Management Plan Sheet 1 13 Dawes Consulting Engineers 03/07/2016 DA-C3.02 – Concept Stormwater Management Plan Sheet 2 13 Dawes Consulting Engineers 03/07/2016 DA-C3.03 – Concept Stormwater Management Plan Sheet 3 06 Dawes Consulting Engineers 11/05/2016 DA-C4.01 – Basement Plan Sheet 1 11 Dawes Consulting Engineers 01/07/2016 DA-C4.02 – Basement Plan 2 09 Dawes Consulting Engineers 01/07/2016 222Sheet DA-C5.01 – Driveway Long Sections 05 Dawes Consulting Engineers 01/07/2016 DA-C6.01 – Details Sheet 1 08 Dawes Consulting Engineers 03/07/2016 DA-C6.02 – Details Sheet 2 01 Dawes Consulting Engineers 11/05/2016 DA-C7.01 – Stormwater Long Section 05 Dawes Consulting Engineers 11/05/2016 DA-C8.01 – Catchment Plan 06 Dawes Consulting Engineers 11/05/2016 1. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs thrown away as agreed or assessed. 2. Development consent is granted to DA0523/13 to demolish the existing dwellings and construct a multi dwelling housing development comprising 16 townhouses with basement parking for 28 vehicles at Nos. 18 and 20 Bent Street, Lindfield subject to the conditions at Annexure "A". ……………. Jenny Smithson Commissioner 154398.16 - Annexure A (197 KB, 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: 12 September 2016