JK St George Holdings Pty Ltd v Lane Cove Municipal Council

[2016] NSWLEC 1237

Land and Environment Court

New South Wales

Medium Neutral Citation:	JK St George Holdings Pty Ltd v Lane Cove Municipal Council [2016] NSWLEC 1237
Hearing dates:	Conciliation conference on 4 April, 9 and 18 May 2016
Date of orders:	09 June 2016
Decision date:	09 June 2016
Jurisdiction:	Class 1
Before:	Morris 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:	JK St George Holdings Pty Ltd (Applicant) Lane Cove Council (Respondent)
Representation:	Mr C Shaw, Swaab Attorneys (Applicant) Mr A Seton, Marsdens Law Group (Respondent)
File Number(s):	154374/2016
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 Applicant is given leave to amend the development application by substituting the following plans as the plans relied upon for the purpose of the development application:

Drawing Title	Drawing No.	Revision	Prepared by	Dated
Site Plan	A1	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Basement Plan	A2	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Ground Floor Plan	A3	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Level 1 Plan	A4	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Level 2 Plan	A5	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Roof Plan	A6	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Sections 1	A7	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Sections 2	A8	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Elevations	A9	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Basement Driveway Sections	A11	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Fences	A12	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Areas Deep Soil and Landscaping	AR2	Option B (Modified)	Nigel Merryweather Architect	14.9.15
Road Widening and new Site Boundaries	BDYa	A	27.7.16
Contamination Assessment	Alliance Geotechnical	3 November 2015
Air Quality Report	Benbow Environmental	December 2015

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. The appeal is upheld.

4. Development Consent is granted to Development Application No. 148/2015 for the demolition of existing structures and construction of a 3 storey child care centre for 56 children over 1 level of basement car parking containing 19 spaces on the land known as Lot 27 and Lot 28 in Deposited Plan 1056155, 30-30A Landers Road, Lane Cove North subject to the conditions as contained in Annexure “A”.

…………….

Commissioner Morris

154374.16 Morris (C) (367 KB, pdf)

154374.16 Morris_Plans (3.57 MB, pdf)