CP Pymble Developments Pty Ltd v Ku KIng Gai Council

Land and Environment Court New South Wales Amendment notes Medium Neutral Citation: CP Pymble Developments Pty Ltd v Ku KIng Gai Council [2015] NSWLEC 1492 Hearing dates:Conciliation conference on 30 October 2015Date of orders: 24 November 2015 Decision date: 24 November 2015 Jurisdiction:Class 1Before: Hussey AC Decision: See (4) below Catchwords: MODIFICATION APPLICATION: Demolition of existing building and construction of new RFB; deep soil area, tree removal, pedestrian path; conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Ku-ring-gai P.S.D Ku-ring-gai LEP 2012 Category:Principal judgmentParties: CP Pymble Developments Pty Ltd (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Counsel: Ms M Hawley (Applicant) Mr A Hudson (Respondent) Solicitors: Lindsay Taylor Lawyers (Applicant) Wilshire Webb Staunton Beattie (Respondent) File Number(s):10620 of 2015Publication restriction:NoJudgment 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”. The Court Act also required me to “set out in writing the terms of the decision” (s 34(3)(b)). The orders...