Rudder Development Four Pty Ltd v Ku-ring-gai Council
[2018] NSWLEC 1355
•11 July 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Rudder Development Four Pty Ltd v Ku-ring-gai Council [2018] NSWLEC 1355 Hearing dates: Conciliation conference on 16 May 2018 Date of orders: 11 July 2018 Decision date: 11 July 2018 Jurisdiction: Class 1 Before: Dixon SC 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: Rudder Development Four Pty Ltd (Applicant)
Ku-ring-gai Council (Respondent)Representation: Solicitors:
H Kahagalle, Addisons Lawyers (Applicant)
A Hudson, Wilshire Webb Staunton Beattie (Respondent)
File Number(s): 2017/340819 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
Leave granted to the applicant to rely on the amended plans and documents listed in Condition 1 of the conditions annexed and marked "A".
The request pursuant to clause 4.6 of the Ku-ring-gai Local Environmental Plan 2015 to vary the height control in clause 4.3 of the Ku-ring-gai Local Environmental Plan 2015 is upheld.
The appeal is upheld.
Development Application No. DA0438/17 for demolition of existing structures and construction of a five storey multi-unit (46 dwellings) development with basement car parking and associated works be approved in accordance with Annexure “A”.
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Senior Commissioner Dixon
Annexure A (323 KB, pdf)
Decision last updated: 11 July 2018
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