Globalus Holdings Pty Ltd v Ku-ring-gai Council

[2017] NSWLEC 1203

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Globalus Holdings Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1203
Hearing dates:	Conciliation 6 February and 30 March 2017
Date of orders:	24 April 2017
Decision date:	24 April 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	MODIFICATION: alterations to existing approval for a residential flat building; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Globalus Holdings Pty Ltd (Applicant) Ku-ring-gai Council (Respondent)
Representation:	G Hartley, Hartley Solicitors (Applicant) S Kaoutarani, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/309275
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against an application to modify DA 0099/14 for alterations to an existing approval for a residential flat building at 1190 and 1190A Pacific Highway Pymble.

2. 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”.

3. 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.

4. 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.

5. 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 rely on the plans listed under Condition 1 - Approved architectural plans and documentation (s.96) in Annexure ‘A’.

2. Appeal upheld; and

3. Application to modify development consent DA 0099/14 approved by the Land and Environment Court in case 10643 of 2014 for internal and external amendments to an approved flat building is approved subject to the amended conditions listed in Annexure ‘A’.

…………….

Graham Brown

Commissioner of the Court

309275.16 Annexure A (C) (86.4 KB, pdf)

309275.16 Plans (15.9 MB, pdf)

Amendments

24 April 2017 - Plans attached