HMR Developments Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1608

Land and Environment Court New South Wales

Medium Neutral Citation: HMR Developments Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1608 Hearing dates: Conciliation conference on 15 September 2017 and 12 October 2017 Date of orders: 30 October 2017 Decision date: 30 October 2017 Jurisdiction: Class 1 Before: Gray C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION – multi dwelling housing - conciliation conference - agreement between the parties - orders Legislation Cited: Land and Environment Court Act 1979 Category: Principal judgment Parties: HMR Developments Pty Ltd (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Solicitors: Mr G McKee, McKee Legal Solutions (Applicant) Mr C Campbell, Sparke Helmore (Respondent) File Number(s): 2017/142937 Publication restriction: No

Judgment 1. COMMISSIONER: This matter concerns a development application for the demolition of existing structures and the construction of a multi-dwelling housing and basement car-parking at 10 Newhaven Place, St Ives. 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 amend the development application and rely on the plans referred to in Condition 1 of Annexure "A". 2. The Appeal is upheld. 3. Development Application Number DA0106/17 for the demolition of existing structures and construction of a multi-dwelling housing development comprising six (6) townhouses and basement carparking at 10 Newhaven Place, St Ives, NSW is approved subject to the conditions set out in Annexure "A". 4. The applicant is to pay the respondent's costs thrown away pursuant to s97B of the Environmental Planning and Assessment Act 1979, in the amount of $6,000.00, within 14 days. Commissioner J Gray Annexure A (C) (353 KB, pdf) Plans (4.11 MB, 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: 31 October 2017