MLS Developments Pty Ltd v Ku-ring-gai Council

[2017] NSWLEC 1020

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	MLS Developments Pty Ltd v Ku-ring-gai Council [2017] NSWLEC 1020
Hearing dates:	Conciliation conference on 9 and 22 December 2016
Date of orders:	20 January 2017
Decision date:	20 January 2017
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:	MLS Development Pty Ltd (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Solicitors: G McKee, McKees Legal Solutions (Applicant) A Hudson, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2016/257380
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 make, 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 referred to in condition 1 of Annexure ‘A’.

2. The appeal is upheld.

3. Development consent is granted to DA 0280/16 to demolish the existing dwelling house/ancillary structures; and construct a 2 storey building comprising 6 dwellings in the form of in-fill self-care housing above a basement level providing for 9 car parking spaces and services subject to the conditions in Annexure ‘A’.

…………….

Commissioner Smithson

257380.16 Smithson (C) (189 KB, pdf)

257380.16 Smithson - Plans (7.76 MB, pdf)

Amendments

20 January 2017 - Attached Plans