TC Tallwoods Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1513

Land and Environment Court New South Wales

Medium Neutral Citation: TC Tallwoods Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1513 Hearing dates: Conciliation conference on 20 June 2017 Date of orders: 18 September 2017 Decision date: 18 September 2017 Jurisdiction: Class 1 Before: Dixon 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: TC Tallwoods Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Solicitor: Mr S Kondilios, Hall & Wilcox Lawyers (Applicant) Mr C Shaw (Respondent) File Number(s): 2017/64838 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 Class 1 Application is upheld. 2. Development Application 619/16, for the demolition of existing dwelling and pool and construction of a Senior Living Development comprising 5 dwellings above a basement carpark at 38 Eastern Road, Turramurra NSW 2074, is approved, subject to the conditions set out in Annexure A. 3. The Applicant is to pay costs for the amount of $22,000 to the Respondent pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW). 4. Payment of costs is to be made within 21 days of the date of this agreement. ………………………. Commissioner Dixon Annexure A (398 KB, pdf)