Chapman Planning v Ku-ring-gai Council

Case •

[2015] NSWLEC 1127

•

29 April 2015


Land and Environment Court

New South Wales

Case Name: 

Chapman Planning  v Ku-ring-gai Council

Medium Neutral Citation: 

[2015] NSWLEC 1127

Hearing Date(s): 

Conciliation conference on 6 February 2015

Date of Orders:

29 April 2015

Decision Date: 

29 April 2015

Jurisdiction: 

Class 1

Before: 

Fakes C

Decision: 

See (4) below

Catchwords: 

DEVELOPMENT APPLICATION: Residential flat building: conciliation conference; agreement between the parties; orders

Legislation Cited: 

Land and Environment Court Act 1979

Category: 

Principal judgment

Parties: 

Chapman Planning Pty Limited (Applicant)
Ku-ring-gai Council (Respondent)

Representation: 

Counsel:
Mr C McEwan SC - Barrister (Applicant)
Mr K Webber - Solicitor (Respondent)

Solicitors:
Apex Law (Applicant)
Wiltshire Webb Staunton Beattie (Respondent)

File Number(s): 

10896 of 2014

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

    …………….

    Judy Fakes

    Commissioner

    10896 of 2014 Fakes (O) (216 KB, pdf)

Citations

Chapman Planning v Ku-ring-gai Council [2015] NSWLEC 1127

Citations to this Decision

0

Cases Cited

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Statutory Material Cited

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