McKenzie v Ku-ring-gai Council

[2016] NSWLEC 1480

Land and Environment Court

New South Wales

Medium Neutral Citation:	McKenzie v Ku-ring-gai Council [2016] NSWLEC 1480
Hearing dates:	Conciliation conference on 14 October 2016
Date of orders:	14 October 2016
Decision date:	14 October 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:	Ian McKenzie (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Solicitors: Mr Knox, Pikes & Verekers Lawyers (Applicant) Mr McFadzean, Swaab Attorneys (Respondent)
File Number(s):	2016/00268771
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 appeal is upheld;

2. Development Application No. DA088/16 for alterations and additions to an existing dwelling house and the erection of a cabana at 23 Springdale Road, Killara is determined by approving the application subject to conditions set out in Annexure A.

…………….

Jenny Smithson

Commissioner

268771.16 - Annexure A (52.6 KB, pdf)

Decision last updated: 18 October 2016