Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1713

Land and Environment Court New South Wales

Medium Neutral Citation: Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1713 Hearing dates: Conciliation conference on 23 June 2017; hearing on 16 – 17 November 2017; reverted to s 34 conference on 17 November and 5 December 2017 Date of orders: 12 December 2017 Decision date: 12 December 2017 Jurisdiction: Class 1 Before: Chilcott C Decision: See (4) below Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979 Category: Principal judgment Parties: Ronghai Property Group Pty Limited (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: Mr M Staunton (Applicant) Dr J Smith (Respondent)

Solicitors: Mr A Sattler, Sattler & Associates Ltd (Applicant) Mr C Drury, Sparke Helmore (Respondent) File Number(s): 2017/00072010 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 as referred to in the conditions of consent annexed hereto at "A". 2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application on 24 November 2017, pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in a sum as agreed or assessed. 3. The appeal is upheld. 4. Development application Council reference DA 0012/17 (as amended), for the demolition of the existing buildings and the construction of fifteen (15) townhouses including basement carparking for 34 cars and 4 visitor spaces, on land at 16A and 16B Park Crescent, Pymble, is determined by the grant of consent subject to the conditions contained in Annexure "A" hereto. ………………………. M Chilcott Commissioner of the Court Annexure A (C) (332 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: 09 May 2018