Arcare Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1527

Land and Environment Court New South Wales

Medium Neutral Citation: Arcare Pty Ltd v Ku-ring-gai Council [2019] NSWLEC 1527 Hearing dates: Conciliation conference on 29 October 2019 Date of orders: 31 October 2019 Decision date: 31 October 2019 Jurisdiction: Class 1 Before: Chilcott C Decision: The Court orders: (1) The Applicant is granted leave to amend Development Application No. 0272/18 to rely on the amended plans referred to in Condition 1 of Annexure "A". (2) The Applicant is to pay the Respondent the sum of $3,000 within 7 days of this agreement for costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979. (3) The Appeal is upheld. (4) Development Application No. 0272/18 for tree removal and construction of a Mikvah (Bathhouse) at 27 College Crescent, St Ives is approved subject to the conditions set out in Annexure "A". Catchwords: DEVELOPMENT APPLICATION – conciliation conference – agreement between the parties – orders Legislation Cited: Environmental Planning and Assessment Act 1979 Ku-ring-gai Local Environmental Plan 2015 Land and Environment Court Act 1979 State Environmental Planning Policy No 55 – Remediation of Land Category: Principal judgment Parties: Arcare Pty Ltd (Applicant) Ku-ring-gai Council (Respondent) Representation: Counsel: F Rourke (Solicitor) (Applicant) A Kliese (Solicitor) (Respondent)

Solicitors: Allens (Applicant) Shaw Reynolds Lawyers (Respondent) File Number(s): 2019/63148 Publication restriction: No