CPDM Pty Ltd v Ku-ring-gai Council

[2018] NSWLEC 1565

Land and Environment Court

New South Wales

Medium Neutral Citation:	CPDM Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1565
Hearing dates:	Conciliation conference on 19 October 2018
Date of orders:	31 October 2018
Decision date:	31 October 2018
Jurisdiction:	Class 1
Before:	Bish 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:	CPDM Pty Ltd (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Solicitors: H Kahagalle, Addisons Lawyers (Applicant) C Ters, Hones Lawyers Pty Ltd (Respondent)
File Number(s):	2018/39974
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. Leave is granted to the applicant to rely on the amended plans and documents listed in Condition 1 under the heading "Stage 2" and Condition 1 under the heading "Stage 3" of the conditions annexed and marked "A".

2. The applicant is to pay the Council's costs thrown away pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the amount of $15,000.00 within 21 days of the date of this agreement.

3. The appeal is upheld.

4. Development Application No. DA 0540/16 for:

1. Stage 2 of a staged development, which consists of demolition of all existing buildings and structures and construction of three buildings comprising 19 townhouses, two (2) levels of basement car parking and associated landscaping works at 16 Beaconsfield Parade, Lindfield; and

2. Stage 3 of a staged development, which consists of demolition of all existing buildings and structures and construction of two dwellings at 18 Beaconsfield Parade, Lindfield, driveways and associated landscaping works,

is approved subject to the conditions set out in Annexure "A".

……………………….

S Bish

Commissioner of the Court

Annexure A (333 KB, pdf)

Stage 2 Architectural Plans_Part1 (9.83 MB, pdf)

Stage 2 Architectural Plans_Part2 (9.25 MB, pdf)

Stage 2 Architectural Plans_Part3 (7.46 MB, pdf)

Stage 2 Landscape Plans (8.10 MB, pdf)

Stage 2 Engineering Plans (5.29 MB, pdf)

Stage 3 Architectural Plans (7.31 MB, pdf)

Stage 3 Landscape Plans (7.15 MB, pdf)

Stage 3 Engineering Plans (3.46 MB, pdf)