Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1070

Land and Environment Court New South Wales

Medium Neutral Citation: Ronghai Property Group Pty Limited v Ku-ring-gai Council [2017] NSWLEC 1070 Hearing dates: Conciliation conference on 17 January & 13 February 2017 Date of orders: 16 February 2017 Decision date: 16 February 2017 Jurisdiction: Class 1 Before: Dickson 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: Ronghai Property Group Pty Limited ACN 165 309 740 (Applicant) Ku-ring-gai Council (Respondent) Representation: Solicitor: Mr A Sattler, Sattler & Associates Pty Ltd (Applicant) Mr L Finn, Hones Lawyers (Respondent) File Number(s): 2016/291475 Publication restriction: No

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 make, 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. Leave is granted to the Applicant to rely on the following amended plans: Plan no. Drawn by Dated 1707 DA01 Revision E Site Plan Gelder Architects 23/01/16 1707 DA02 Revision E Basement Plan Gelder Architects 23/01/16 1707 DA03 Revision E Ground Floor Gelder Architects 23/01/16 1707 DA04 Revision E First Floor Gelder Architects 23/01/16 1707 DA05 Revision E Second Floor Gelder Architects 23/01/16 1707 DA06 Revision E Elevations Gelder Architects 23/01/16 1707 DA07 Revision E Elevations Gelder Architects 23/01/16 1707 DA08 Revision E Sections Gelder Architects 23/01/16 1707 DA12 Revision E Elevations Gelder Architects 23/01/16

Landscape Plan, 126RR/DA/LP/D John Chetham and Associates 2/07/17 16NL123, D00 Rev A LOKA Consulting Engineers 07/07/16 (Rev A) D01 Rev B, D02 Rev B, D03 Rev A, D04 Rev B, D05 Rev A, D06 Rev B, D07 Rev B 31/01/17 (Rev B)

Document(s) Dated Basix certificate No. 746149M_02 31 January 2017 Geotechnical report (prepared by ESWNMAN Pty Ltd) 6 June 2016 Arboricultural Impact Assessment (prepared by Earthscape Horticultural Services) July 2016 Finishes Schedule 2-1707-E08-01 (Gelder Architects) Undated Traffic and Parking 16088 Rev B (Transport and Traffic Planning Associates) July 2016

1. Pursuant to S97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent's costs agreed at $4,500.00 upon execution of this Agreement. 2. The appeal be upheld. 3. Development Consent be granted to DA0350/16 for the demolition of existing structures and the construction of 9 townhouses with basement parking and associated landscaping at 126 Rosedale Road, St Ives, subject to the conditions in annexure "A". ………………………. Commissioner Dickson 291475.16 Dickson (C) (313 KB, pdf) 291475.16 Dickson - DA01 Site Plan (1.10 MB, pdf) 291475.16 Dickson - DA02 Basement Floor (182 KB, pdf) 291475.16 Dickson - DA03 Ground Floor (1.33 MB, pdf) 291475.16 Dickson - First Floor (152 KB, pdf) 291475.16 Dickson - DA05 Second Floor (137 KB, pdf) 291475.16 Dickson - DA06 Elevations (286 KB, pdf) 291475.16 Dickson - DA07 Elevations 2 (266 KB, pdf) 291475.16 Dickson - DA08 Sections (119 KB, pdf) 291475.16 Dickson - DA09 Deep Soil Landscape (223 KB, pdf) 291475.16 Dickson - DA09 Deep Soil Landscape (223 KB, pdf) 291475.16 Dickson - DA10 FSR (1.60 MB, pdf) 291475.16 Dickson - DA11 Site Analysis (1.65 MB, pdf) 291475.16 Dickson - DA12 Excavation Plan ESMP (186 KB, pdf) 291475.16 Dickson - DA13 Shadow Diagrams (459 KB, pdf) 291475.16 Dickson - DA14 Shadow Diagrams (956 KB, pdf) 291475.16 Dickson - DA15 Sun Study 9am (237 KB, pdf) 291475.16 Dickson - DA16 Sun Study 10am (249 KB, pdf) 291475.16 Dickson - DA17 Sun Study 10_30am (222 KB, pdf) 291475.16 Dickson - DA18 Sun Study 10_45am (225 KB, pdf) 291475.16 Dickson - DA19 Sun Study 11am (214 KB, pdf) 291475.16 Dickson - DA20 Sun Study 12pm (215 KB, pdf) 291475.16 Dickson - DA21 Sun Study 12_15pm (201 KB, pdf) 291475.16 Dickson - DA22 Sun Study 12_30pm (204 KB, pdf) 291475.16 Dickson - DA23 Sun Study 1pm (228 KB, pdf) 291475.16 Dickson - DA24 Sun Study 1_15pm (260 KB, pdf) 291475.16 Dickson - DA25 Sun Study 1_30pm (211 KB, pdf) 291475.16 Dickson - DA26 Sun Study 1_45pm (248 KB, pdf) 291475.16 Dickson - DA27 Sun Study 2pm (248 KB, pdf) 291475.16 Dickson - DA28 Sun Study 2_30pm (202 KB, pdf) 291475.16 Dickson - DA29 Sun Study 3pm (226 KB, pdf) 291475.16 Dickson - 2-1707-C03-01 Solar Study A (278 KB, pdf) 291475.16 Dickson - 16NL123-SW-170202 (3.53 MB, pdf) 291475.16 Dickson - Landscape plan 30-01-2017 126 Rosedale Rd St Ives (1.90 MB, pdf) DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 09 May 2018