Bellevue Projects Pty Ltd v Ku-ring-gai Council

[2016] NSWLEC 1379

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bellevue Projects Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1379
Hearing dates:	Conciliation conference on 2, 3 August 2016
Date of orders:	12 August 2016
Decision date:	12 August 2016
Jurisdiction:	Class 1
Before:	Dixon C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPEAL: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Bellevue Projects Pty Ltd (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Counsel: Michael Staunton (Applicant) Verity Mc William (Respondent) Solicitors: Storey & Gough (Applicant) Sparke Helmore Lawyers (Respondent)
File Number(s):	2016/00173828
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, 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 Appeal is upheld.

2. Development Application No. N0492/15 for:

1. construction of a new detached garage for the parking of 4 vehicles, change room with toilet and shower, ancillary storage, a pool equipment room and access stairs and an underground passageway to the main residence;

2. Reinstatement and refurbishment of the existing pool, including associated surround works including replacement of broken tiles, new glass balustrading and stairs, and the installation of sandstone paving and retaining walls;

3. Construction of a new tennis court within the site of the original tennis court, with new fencing around its perimeter;

4. Additions and alterations to an existing outbuilding for conversion into a cabana and associated internal fitout including kitchen and bathroom;

5. Site landscaping works including new planting areas and tree removal (for 2 trees in the tennis court area beingt the liquidamber and the Norfolk Pine;

6. Ancillary demolition works at 35 Water Street, Wahroonga Is approved subject to the conditions in Annexure “A”.

…………….

Susan Dixon

Commissioner

173828.16 - Annexure A (174 KB, pdf)