Parsonage v Ku-ring-gai Council

[2016] NSWLEC 1400

Land and Environment Court

New South Wales

Medium Neutral Citation:	Parsonage v Ku-ring-gai Council [2016] NSWLEC 1400
Hearing dates:	Conciliation conference on 17 August 2016
Date of orders:	31 August 2016
Decision date:	31 August 2016
Jurisdiction:	Class 1
Before:	Tuor 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:	Stephen Parsonage and Kate Parsonage (Applicants) Ku-ring-gai Council (Respondent)
Representation:	Solicitors: Mr S Kondilios, Hall & Wilcox (Applicants) Mr A Hudson, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	2016/00150723
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 applicant is granted leave to amend its development application in accordance with the plans and documents specified in condition 1 of Attachment ‘A’.

2. The applicant to pay the Council’s costs that are thrown away as a result of amending the application in the amount of $5,000 including GST.

3. The appeal is upheld.

4. Development Consent is granted to LDA 0557/15 for the demolition of the existing dwelling and construction of a new two storey dwelling including pool and associated landscaping subject to the conditions in Attachment ‘A’.

…………………

Annelise Tuor

Commissioner

150723.16 - Annexure A (84.1 KB, pdf)