Staldone Corporation Pty Ltd v Ku-ring-gai Council

[2016] NSWLEC 1201

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:

Staldone Corporation Pty Ltd v Ku-ring-gai Council [2016] NSWLEC 1201

Hearing dates:

Conciliation conference on 7 March, 5 April & 14 April 2016

Date of orders:

27 May 2016

Decision date:

27 May 2016

Jurisdiction:

Class 1

Before:

Morris 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:

Staldone Corporation Pty Ltd (Applicant)
Ku-ring-gai Council (Respondent)

Representation:

Counsel:
Mr M Staunton (Applicant)

Solicitors:
Mr S Simington,
Lindsay Taylor Lawyers (Applicant)

Mr A Hudson,
Wilshire Webb Staunton Beattie (Respondent)

File Number(s):

2016/155399 (formerly 10026 of 2015)

​

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 Annexure ‘A’.

2. The appeal is upheld.

3. Development Consent is granted to DA554/15 for demolition of existing structures and the construction of a residential flat building consisting of 51 apartments, basement parking and associated landscaping works at 12A, 14 and 16 Shinfield Avenue, St Ives subject to the conditions in Annexure  ‘A’.

…………….

Sue Morris

Commissioner

155399.16 Morris (C) (312 KB, pdf)

155399.16 Morris_20160527_123719 (10.9 MB, pdf)

155399.16 Morris_C03 SITE MANAGEMENT AND EXCAVATION PLAN (469 KB, pdf)

155399.16 Morris_103-433 12A, 14 & 16 Shinfield Av - St Ives (998 KB, pdf)

Amendments

17 June 2016 - Uploaded correct C03 PDF Plan

08 June 2016 - Replaced PDF map '16 (15) 103-433'D'