Mackenzie Architects International Pty Ltd v Ku Ring Gai Council

Land and Environment Court New South Wales Medium Neutral Citation: Mackenzie Architects International Pty Ltd v Ku Ring Gai Council [2015] NSWLEC 1453 Hearing dates:Conciliation conference on 27 October 2015Date of orders: 03 November 2015 Decision date: 03 November 2015 Jurisdiction:Class 1Before: Brown C Decision: See (5) below Catchwords: DEVELOPMENT APPLICATION: demolition of existing structures and construction of a residential flat building, conciliation conference; agreement between the parties; orders Legislation Cited: Land and Environment Court Act 1979 Category:Principal judgmentParties: Mackenzie Architects International (Applicant) Ku-ring-gai Municipal Council (Respondent) Representation: Counsel: Mr G. Christmas (Applicant) Mr A. Hudson (Respondent) Solicitors: Apex Law (Applicant) Wilshire Webb Staunton Beattie Lawyers (Respondent) File Number(s):10113 of 2015Publication restriction:NoJudgment COMMISSIONER: This is an appeal against the refusal of Development Application No DA 0244/14 at 1456-1456A and 1458 Pacific Highway, Turramurra for the demolition of dwellings, construction of a five storey residential flat building with 47 units and basement car parking and adaptive re-use of heritage item (1458 Pacific Highway) to create 3 units, together with associated landscaping and tree removal and the consolidation of three existing allotments into one allotment at 1456-1456A and 1458 Pacific Highway, Turramurra. 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...