Mackenzie Architects International v Ku-ring-gai Council

[2016] NSWLEC 1408

Land and Environment Court

New South Wales

Medium Neutral Citation:	Mackenzie Architects International v Ku-ring-gai Council [2016] NSWLEC 1408
Hearing dates:	Conciliation conference on 12 November, 10, 16 December 2015, 4, 23 February, 15 June, 14, 21, 28 July and 24 August 2016
Date of orders:	09 September 2016
Decision date:	09 September 2016
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:	Mackenzie Architects International (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Counsel: Mr I Pickles (Applicant) Solicitors: Mr G Christmas, Apex Planning & Environment Law (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2016/00154398
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. Leave is granted to the Applicant to file and rely on the following amended plans:

Plan	Rev.	Prepared by	Date
Architectural
A-100 - Title Sheet	K	Mackenzie Architects International	14/07/2016
A-001 - Site Analysis	G	Mackenzie Architects International	19/01/2016
A-100 - Site/Roof Plan	K	Mackenzie Architects International	25/07/2016
A-101 - Floor Plan 01	J	Mackenzie Architects International	22/06/2016
A-102 - Floor Plan 02	J	Mackenzie Architects International	22/06/2016
A-103 - Floor Plan 01 & 02	J	Mackenzie Architects International	22/06/2016
A-200 - Elevations 1	L	Mackenzie Architects International	25/07/2016
A-201 - Elevations 2 & Sections	L	Mackenzie Architects International	25/07/2016
A-202 - Elevations 3 & Sections	D	Mackenzie Architects International	25/07/2016
A-400 - Compliances 1	J	Mackenzie Architects International	22/06/2016
A-401 - Compliances 2	J	Mackenzie Architects International	22/06/2016
A-402 - Compliances 3	J	Mackenzie Architects International	22/06/2016
A-403 - Shadows	J	Mackenzie Architects International	22/06/2016
A-602 - TPZ Diagrams	A	Mackenzie Architects International	05/05/2016
A-603 - Circulation	A	Mackenzie Architects International	05/05/2016
A-604 - Circulation	A	Mackenzie Architects International	05/05/2016
A-605 - Circulation	A	Mackenzie Architects International	05/05/2016
A-606 - Building Height Plane	A	Mackenzie Architects International	14/07/2016
Landscape
LPDA 15-48/1 – Landscape Plan	I	Conzept Landscape Architects	14/07/2016
LPDA 15-48/2 – Hardscape Plan	I	Conzept Landscape Architects	14/07/2016
LPDA 15-48/3 – Landscape Calculations	H	Conzept Landscape Architects	10/05/2016
LPDA15-48/4 – Landscape Details	D	Conzept Landscape Architects	06/05/2016
Stormwater and Civil Engineering
DA-C1.01 – Cover Sheet	05	Dawes Consulting Engineers	11/05/2016
DA-C1.02 – General Arrangement	05	Dawes Consulting Engineers	11/05/2016
DA-C1.03 – Existing Drainage Easement Plan	04	Dawes Consulting Engineers	11/05/2016
DA-C2.01 – Concept Sediment & Erosion Control Plan	06	Dawes Consulting Engineers	11/05/2016
DA-C2.02 – Sediment & Erosion Details	04	Dawes Consulting Engineers	11/05/2016
DA-C3.01 – Concept Stormwater Management Plan Sheet 1	13	Dawes Consulting Engineers	03/07/2016
DA-C3.02 – Concept Stormwater Management Plan Sheet 2	13	Dawes Consulting Engineers	03/07/2016
DA-C3.03 – Concept Stormwater Management Plan Sheet 3	06	Dawes Consulting Engineers	11/05/2016
DA-C4.01 – Basement Plan Sheet 1	11	Dawes Consulting Engineers	01/07/2016
DA-C4.02 – Basement Plan 2 222Sheet	09	Dawes Consulting Engineers	01/07/2016
DA-C5.01 – Driveway Long Sections	05	Dawes Consulting Engineers	01/07/2016
DA-C6.01 – Details Sheet 1	08	Dawes Consulting Engineers	03/07/2016
DA-C6.02 – Details Sheet 2	01	Dawes Consulting Engineers	11/05/2016
DA-C7.01 – Stormwater Long Section	05	Dawes Consulting Engineers	11/05/2016
DA-C8.01 – Catchment Plan	06	Dawes Consulting Engineers	11/05/2016

2. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away as agreed or assessed.

3. Development consent is granted to DA0523/13 to demolish the existing dwellings and construct a multi dwelling housing development comprising 16 townhouses with basement parking for 28 vehicles at Nos. 18 and 20 Bent Street, Lindfield subject to the conditions at Annexure “A”.

…………….

Jenny Smithson

Commissioner

154398.16 - Annexure A (197 KB, pdf)