Milanovic v Ku-ring-gai Municipal Council

[2017] NSWLEC 1100

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Milanovic v Ku-ring-gai Municipal Council [2017] NSWLEC 1100
Hearing dates:	Conciliation conference on 23 February 2017
Date of orders:	28 February 2017
Decision date:	28 February 2017
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPEAL under s97(1X) against refusal of application for alternations additions, alfresco seating area and new fencing : conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979
Category:	Principal judgment
Parties:	Miro Milanovic (Applicant) Ku-ring-gai Municipal Council (Respondent)
Representation:	Counsel: Ms. L Saw (Applicant)   Solicitors: Ms. C Morton, Sparke Helmore Solicitors (Respondent)
File Number(s):	2016/00329400
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal, under s97(1) of the Environmental Planning and Assessment Act 1979, against the refusal of Development Application No. 0352/15 for alterations and additions at 1 Sabina Place St Ives.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement are:

1. The appeal in respect of the property known as 1 Sabina Place, St Ives is upheld; and

2. The Applicant is granted leave to rely on the amended plans set out in condition 1 contained in Annexure A. The parties agree that the amendments are minor for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 (NSW);

3. Development Application Council reference No. 0352/15 for alterations and additions to the existing dual occupancy at 1 Sabina Place St Ives is approved subject to conditions of consent set out in Annexure A.

…………….

D M Dickson

Commissioner of the Court

329400.16 Dickson Annexure A (C) (96.8 KB, pdf) 

329400.16 - Plans (4.53 MB, pdf)

Amendments

20 March 2017 - Typographical error amended in Order 2