Peter Blake v Ku-ring-gai Council [2017] NSWLEC 1102

Land and Environment Court New South Wales

Medium Neutral Citation: Peter Blake v Ku-ring-gai Council [2017] NSWLEC 1102 Hearing dates: Conciliation conference on 24 February 2017 Date of orders: 01 March 2017 Decision date: 01 March 2017 Jurisdiction: Class 1 Before: Martin SC 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: Peter Blake (Applicant) Ku-ring-gai Council (Respondent) Representation: G Christmas, Apex Planning and Environment Law (Applicant) A Hudson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2016/263182 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. The applicant is granted leave to rely on the amended plans and documents referred to in Condition 1 at "Annexure A" to this agreement. 2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW), the respondent's costs thrown away in the total amount of $5,000, by 5.00pm on 23 February 2017. 3. The appeal is upheld. 4. Development consent is granted to Development Application No. DA00330/2016 for the demolition of existing dwellings and construction of a multi-housing development comprising 11 townhouses, basement car parking and associated landscaping at the property known as 8-10 Warrangi Street, Turramurra NSW 2074, subject to the conditions annexed to this Agreement at "Annexure A". ……………. Rosemary Martin Senior Commissioner 263182.16 Annexure A (C) (230 KB, pdf) 263182.16 Plans (10.5 MB, pdf)