Beikpour v Ku-ring-gai Council

[2018] NSWLEC 1281

Land and Environment Court

New South Wales

Medium Neutral Citation:	Beikpour v Ku-ring-gai Council [2018] NSWLEC 1281
Hearing dates:	Conciliation conference on 11 May 2018
Date of orders:	15 June 2018
Decision date:	15 June 2018
Jurisdiction:	Class 1
Before:	Adam AC
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing dwelling; construction of three storey residential flat building; conciliation conference; agreement between parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Iraj Ray Beikpour (First Applicant) Therese Beikpour (Second Applicant) Ku-ring-gai Council (Respondent)
Representation:	Solicitors: S Kondilios, Hall & Wilcox (Applicant) C Rose, Swaab Attorneys (Respondent)
File Number(s):	2017/333347
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. Leave is granted for the Applicant to rely on the amended plans and material listed in paragraph 1 of the conditions set out in Annexure A.

2. The appeal is upheld and Development Application DA0322/17, for the demolition of existing single storey dwelling and erection of a three storey residential flat building with one level of car park at 21 Newhaven Place, St Ives NSW 2075, is approved, subject to the conditions set out in Annexure A.

3. The Applicant is to pay the Respondents costs in the amount of $5,000 pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 (NSW) within 21 days of the date of this agreement.

……………………….

Acting Commissioner Adam

Annexure A (332 KB, pdf)

Plans (15.8 MB, pdf)