Mackenzie Architects International v Ku-ring-gai Council

[2016] NSWLEC 1305

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) Respondent: Ms L Finn (Solicitor)   Solicitors: Apex Planning and Environmental Law (Applicant) Hones Lawyers (Respondent)
File Number(s):	152560 of 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. 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

2. 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.

3. 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)