Ronghai Property Group Pty Limited v Ku-ring-gai Council

[2017] NSWLEC 1713

Land and Environment Court

New South Wales

Medium Neutral Citation:	Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1713
Hearing dates:	Conciliation conference on 23 June 2017; hearing on 16 – 17 November 2017; reverted to s 34 conference on 17 November and 5 December 2017
Date of orders:	12 December 2017
Decision date:	12 December 2017
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: 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:	Ronghai Property Group Pty Limited (Applicant) Ku-ring-gai Council (Respondent)
Representation:	Counsel: Mr M Staunton (Applicant) Dr J Smith (Respondent) Solicitors: Mr A Sattler, Sattler & Associates Ltd (Applicant) Mr C Drury, Sparke Helmore (Respondent)
File Number(s):	2017/00072010
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. The Applicant is granted leave to rely on the amended plans and documents as referred to in the conditions of consent annexed hereto at “A”.

2. The Applicant is to pay those costs of the Respondent thrown away as a result of amending the development application on 24 November 2017, pursuant to section 97B(2) of the Environmental Planning and Assessment Act 1979 in a sum as agreed or assessed.

3. The appeal is upheld.

4. Development application Council reference DA 0012/17 (as amended), for the demolition of the existing buildings and the construction of fifteen (15) townhouses including basement carparking for 34 cars and 4 visitor spaces, on land at 16A and 16B Park Crescent, Pymble, is determined by the grant of consent subject to the conditions contained in Annexure “A” hereto.

……………………….

M Chilcott

Commissioner of the Court

Annexure A (C) (332 KB, pdf)