Keith Pike Associates Pty Ltd v The Hills Shire Council

[2018] NSWLEC 1118

Land and Environment Court

New South Wales

Medium Neutral Citation:	Keith Pike Associates Pty Ltd v The Hills Shire Council [2018] NSWLEC 1118
Hearing dates:	Conciliation conference on 5 and 7 March 2018
Date of orders:	08 March 2018
Decision date:	08 March 2018
Jurisdiction:	Class 1
Before:	Walsh 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:	Keith Pike Associates Pty Ltd (Applicant) The Hills Shire Council (Respondent)
Representation:	Solicitors: Mr. Christopher Gough, Storey & Gough Lawyers (Applicant) Mr. Adam Seton, Marsdens Law Group (Respondent)
File Number(s):	2017/269177
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. Leave is granted to rely on the following plan that is the subject of Development Application No. 2003/2017/JP:

DRAWING NO.	DESCRIPTION	REV	PREPARED BY	DATE
A10a	North Elevation	1	Keith Pike Associates	January 2018

2. The appeal is upheld.

3. Development consent is granted to Development Application No. 2003/2017/JP for the consolidation of 2 lots into 1 lot, demolition of existing structures and construction of a 7 storey residential flat building containing 53 units (18 x 2 bedroom and 35 x 3 bedroom) over three levels of basement parking with 114 car parking spaces, with subdivision and construction and dedication of roads at 13-15 Alan Street, Box Hill subject to the conditions of consent annexed hereto and marked “Annexure A”.

……………………….

Peter Walsh

Commissioner of the Court

Annexure A (177 KB, pdf)

Annexure B Plans (13.1 MB, pdf)