Murtag Developments Pty Limited v Ku-ring- gai Council

Land and Environment Court New South Wales Case Name:  Murtag Developments Pty Limited v Ku-ring- gai Council Medium Neutral Citation:  [2016] NSWLEC 1508 Hearing Date(s):  Conciliation conference on15 August 2016 Date of Orders: 28 October 2016 Decision Date:  28 October 2016 Jurisdiction:  Class 1 Before:  Dickson C Decision:  See [5] below. Catchwords:  DEVELOPMENT APPEAL under s97(1)(b) against deemed refusal of development consent : conciliation conference; agreement between the parties; orders Legislation Cited:  Land and Environment Court Act 1979 Environmental Planning and Assessment Act 1979 Category:  Principal judgment Parties:  Murtag Developments Pty Limited (Applicant) Ku-ring-gai Council (Respondent) Representation:  Solicitors: S Kondilios, Hall and Wilcox Lawyers (Applicant) A Hudson, Wilshire Webb Staunton Beattie (Respondent) File Number(s):  2016/00159164 Publication Restriction:  No JUDGEMENTCOMMISSIONER: This is an appeal, under s97 (1)(b) of the Environmental Planning and Assessment Act 1979, against the deemed refusal of DA 0593/2015 for the construction of a residential flat building (15 units) and three levels of basement parking at 1070 -1072 Pacific Highway, Pymble (the Site).In this matter, at or after a conciliation conference, an agreement under s34(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...