R and J Associates Pty Ltd v Ku Ring Gai Council

[2015] NSWLEC 1108

Land and Environment Court

New South Wales

Medium Neutral Citation:	R & J Associates Pty Ltd v Ku Ring Gai Council [2015] NSWLEC 1108
Hearing dates:	Conciliation conference on 17 March 2015
Date of orders:	17 April 2015
Decision date:	17 April 2015
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing dwellings and construction of a residential flat building; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	R & J Associates Pty Ltd (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Counsel: Mr Christopher Shaw, solicitor (Applicant) Mr Anthony Hudson, solicitor (Respondent) Solicitors: Swaab Attorneys (Applicant) Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	11084 of 2014
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal by Ku-ring-gai Council of Development Application No DA/20/13 for the demolition of the existing dwellings and the construction of residential flat building containing 47 units at 5 – 7 Telegraph Road, Pymble.

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Commissioner Brown

11084 of 2014 Brown (O) (178 KB, pdf)