Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1070

Land and Environment Court New South Wales

Medium Neutral Citation: Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1070 Hearing dates: Conciliation conference on 17 January & 13 February 2017 Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Class 1 Before: Dickson 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: Ronghai Property Group Pty Limited ACN 165 309 740 (Applicant) Ku-ring-gai Council (Respondent) Representation: Solicitor: Mr A Sattler, Sattler & Associates Pty Ltd (Applicant) Mr L Finn, Hones Lawyers (Respondent) File Number(s): 2016/291475 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 make, 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 rely on the following amended plans: Plan no. Drawn by Dated 1707 DA01 Revision E Site Plan Gelder Architects 23/01/16 1707 DA02 Revision E Basement Plan Gelder Architects 23/01/16 1707 DA03 Revision E Ground Floor Gelder Architects 23/01/16 1707 DA04 Revision E First Floor Gelder Architects 23/01/16 1707 DA05 Revision E Second Floor Gelder Architects 23/01/16 1707 DA06 Revision E Elevations Gelder Architects 23/01/16 1707 DA07 Revision E Elevations Gelder Architects 23/01/16 1707 DA08 Revision E Sections Gelder Architects 23/01/16 1707 DA12 Revision E Elevations Gelder Architects 23/01/16