Ghazi Al Ali Architect Pty Ltd v Ku-ring-gai Council

[2017] NSWLEC 1589

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ghazi Al Ali Architect Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1589
Hearing dates:	Conciliation conference on 1 and 26 September 2017
Date of orders:	18 October 2017
Decision date:	18 October 2017
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Ghazi Al Ali Architect Pty Ltd (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Solicitors: Mr G McKee, McKees Legal Solutions (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/125232
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. The applicant is granted leave to amend their development application in accordance with the plans referred to in Condition 1 of Annexure “A”.

2. The Appeal is upheld.

3. Development Application No. DA-0586/16 for a residential flat building comprising 50 units and 48 basement car spaces is approved subject to the conditions set out in Annexure “A” to this agreement.

4. The Applicant is to pay the Respondent’s costs arising under s97B of the Environmental Planning and Assessment Act 1979 in the amount of $8,750.00 within 28 days from 10 October, 2017.

……………………….

Jenny Smithson

Commissioner

Annexure A (C) (336 KB, pdf)

(Plans) (18.9 MB, pdf)