Mackenzie Architects International v Ku-ring-gai Council
[2016] NSWLEC 1305
•22 July 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Mackenzie Architects International v Ku-ring-gai Council [2016] NSWLEC 1305 Hearing dates: Conciliation conference on 22 March 2016 Date of orders: 22 July 2016 Decision date: 22 July 2016 Jurisdiction: Class 1 Before: Fakes C Decision: See (4) below
Catchwords: DEVELOPMENT APPLICATION; Multi-dwelling housing; 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: Applicant: Mr G Christmas (Solicitor)
Solicitors:
Respondent: Ms L Finn (Solicitor)
Apex Planning and Environmental Law (Applicant)
Hones Lawyers (Respondent)
File Number(s): 152560 of 2016 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
Leave is granted for the applicant to rely on the following amended plans:
Architectural plans prepared by Mackenzie Architects International
Issue
Print Date
A100 – Roof/ Site Plan 01
B
8/0/6/16
A101 – Roof/ Site Plan 02
B
8/06/16
A102 – Basement 02
A
8/06/16
A103 – Basement 01
A
8/06/16
A104 – Ground
B
8/06/16
A105 – First
B
8/06/16
A106 – Attic
A
8/06/16
A200 – Sections 01 & 02
B
8/06/16
A300 – Elevations East & West
B
8/06/16
A301 – Elevations South & North
B
8/06/16
A408 – Entrance Details
B
8/06/16
Landscape plans prepared by Conzept Landscape Architects
LPDA16 – 150/1
F
07/06/16
LPDA16 – 150/2
A
06/05/16
LPDA16 – 150/3
D
06/05/16
LPDA16 – 150/4
A
04/05/16
Stormwater plans prepared by Northrop
DA1.01
S
12/05/16
DA1.02
1
16/10/15
DA2.01
1
16/110/15
DA2.02
1
16/10/15
DA3.01
3
12/05/16
DA3.02
3
12/05/16
DA3.03
1
12/05/16
DA4.10
2
17/03/16
Pursuant to s 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away as agreed or assessed.
Development consent is granted to DA0463/15 to demolish the existing dwellings and construct a multi-dwelling housing development comprising 14 townhouses with basement parking for 31 vehicles at Nos. 38 and 40 Mcintyre Street, Gordon subject to the conditions at Annexure ‘A’.
_______________________
Judy Fakes
Commissioner of the Court
152560.16 - Annexure A - Conditions of consent (239 KB, pdf)
Decision last updated: 22 July 2016
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