Ghazi Al Ali Architect Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1543

Land and Environment Court New South Wales

Medium Neutral Citation: Ghazi Al Ali Architect Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1543 Hearing dates: Conciliation conference on 7 September 2017 Date of orders: 28 September 2017 Decision date: 28 September 2017 Jurisdiction: Class 1 Before: Chilcott 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: Ghazi Al Ali Architect Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Solicitors: Mr V Conomos, Conomos Legal (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2017/135551 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 given leave to amend the development application and rely upon the following plans in the proceedings: 1. Drawing A0000 Revision C dated 13/9/2017 2. Drawing A1150 Revision C dated 13/9/2017 3. Drawing A1201 Revision C dated 13/9/2017 4. Drawing A1202 Revision C dated 13/9/2017 5. Drawing A1203 Revision C dated 13/9/2017 6. Drawing A1204 Revision B dated 13/9/2017 7. Drawing A1205 Revision B dated 13/9/2017 8. Drawing A1206 Revision C dated 13/9/2017 9. Drawing A1210 Revision C dated 13/9/2017 10. Drawing A1301 Revision C dated 13/9/2017 11. Drawing A1302 Revision C dated 13/9/2017 12. Drawing A1303 Revision C dated 13/9/2017 13. Drawing A1304 Revision C dated 13/9/2017 14. Drawing A1401 Revision C dated 13/9/2017 15. Drawing A1402 Revision C dated 13/9/2017 16. Drawing A2030 Revision C dated 13/9/2017 17. Drawing A2201 Revision C dated 13/9/2017 18. Drawing A2202 Revision C dated 13/9/2017 19. Drawing SW01 Revision A dated 9/3/2017 20. Drawing SW02 Revision A dated 9/3/2017 21. Drawing SW03 Revision A dated 9/3/2017 22. Drawing SW04 Revision A dated 9/3/2017 23. Drawing SW05 Revision A dated 9/3/2017 24. Drawing SW06 Revision A dated 9/3/2017 25. Drawing SW07 Revision A dated 9/3/2017 26. Drawing SW08 Revision A dated 9/3/2017 1. The appeal is upheld. 2. Development application DA0095/17 lodged on 22 March 2017 seeking approval for the demolition existing structures and construction of a mixed use development comprising 17 units (4 of which are nominated affordable rental housing), 1 commercial premises, 1 shop, basement parking, and associated landscaping is approved subject to the conditions in Annexure A. ………………………. Commissioner Chilcott Annexure A (C) (323 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: 28 September 2017