Parker Logan Property Pty Ltd v Kiama Municipal Council

[2017] NSWLEC 1630

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Parker Logan Property Pty Ltd v Kiama Municipal Council [2017] NSWLEC 1630
Hearing dates:	Conciliation conference on 4 and 30 October 2017
Date of orders:	09 November 2017
Decision date:	09 November 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:	Parker Logan Property Pty Ltd (Applicant) Kiama Municipal Council (Respondent)
Representation:	Solicitors: Mr A Boskovitz, Boskovitz and Associates Lawyer (Applicant) Ms O Yeatman, RMB Lawyers (Respondent)
File Number(s):	2017/177605
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 rely on the following amended plans:

Plan Title	Author/Drawn By	Plan Reference	Dated
Ground Floor Plan	Nicholas Tang Architects	S34 100	Issue B 03.11.17
First Floor Plan	Nicholas Tang Architects	S34 101	Issue C 03.11.17
Second Floor Plan	Nicholas Tang Architects	S34 102	Issue C 03.11.17
Roof Plan	Nicholas Tang Architects	S34 103	Issue C 03.11.17
Elevations	Nicholas Tang Architects	S34 200	Issue C 03.11.17
Sections	Nicholas Tang Architects	S34 300	Issue C 03.11.17
Shadow Diagrams March 21	Nicholas Tang Architects	S34 400	Issue A 16.10.17
Shadow Diagrams June 21	Nicholas Tang Architects	S34 401	Issue A 16.10.17
Shadow Diagrams September 21	Nicholas Tang Architects	S34 402	Issue A 16.10.17
Shadow Diagrams December 21	Nicholas Tang Architects	S34 403	Issue A 16.10.17
Shadow Elevations June 21	Nicholas Tang Architects	S34 410	Issue A 16.10.17
Shadow Elevations June 21	Nicholas Tang Architects	S34 411	Issue A 16.10.17
Landscape Concept Plan	Nicholas Tang Architects	S34 800	Issue A 16.10.17
Landscape Sections	Nicholas Tang Architects	S34 801	Issue A 16.10.17

2. The appeal is upheld.

3. Development consent is granted to DA10.2017.116.1 for demolition of existing buildings and construction of three-storey mixed use development consisting of ground floor commercial/retail space, 16 shop top dwellings and associated parking on Lot C DP 380582 DP 71530 at 44 Manning Street, Kiama subject to the conditions of consent at Annexure “A”.

……………………….

Jenny Smithson

Commissioner of the Land and Environment Court of NSW

Annexure A (C) (346 KB, pdf)

Amendments

16 November 2017 - Correction made to representation