Land and Environment Court New South Wales Medium Neutral Citation: Joseph Hannah v Ku-ring-gai Council [2017] NSWLEC 1117 Hearing dates: Conciliation Conference on 6 October and 17 November 2016; 10 January, 18 January and 31 January 2017. Date of orders: 07 March 2017 Decision date: 07 March 2017 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: Joseph Hannah (Applicant) Ku-ring-gai Council (Respondent) Representation: Anthony Whealy, Mills Oakley (Applicant) Colin McFadzean, Swaab Attorneys (Respondent) File Number(s): 2016/00205931 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 appeal is upheld; 2. the applicant is granted leave to amend the development application by relying on the following plans: Drawing reference Title Prepared by Date A001 Rev H Drawing List & Legend Zanazan Architecture Studio 1/3/2017 A101 Rev Q Plan – Site & Roof A102 Rev U Plan – First Floor 3/2/2017 A103 Rev U Plan – Ground Floor 23/02/2017 A104 Rev C Plan - Basement A105 Rev C Plan – Extended Ground Floor A201 Rev K Elevations – East & North / Section B 1/3/2017 A202 Rev K Elevations – West & South / Section A 1/2/2017 L101 Rev I Landscape Concept - Layout Spirit Level Designs Pty Ltd 24/2/17 L102 Rev K Landscape Concept - Planting 1. development application No. DA0175/16 for alterations and additions to an existing dwelling including the construction of a swimming pool and landscaping works at No. 114A Provincial Road, Lindfield is approved subject to conditions of consent set out in Annexure A; 2. pursuant to s97B(2) of the Environmental Planning and Assessment Act 1979, the applicant is to pay those costs of the respondent thrown away as a result of amending the development application, as agreed or assessed. …………..……………. Jenny Smithson Commissioner 205931.16 Smithson (C) (217 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: 08 March 2017