3J's Meat Wholesalers Pty Limited v Fairfield City Council

[2016] NSWLEC 1242

Land and Environment Court

New South Wales

Medium Neutral Citation:	3J’s Meat Wholesalers Pty Limited v Fairfield City Council [2016] NSWLEC 1242
Hearing dates:	Conciliation conference on 9 May 2016
Date of orders:	14 June 2016
Decision date:	14 June 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:	3J’s Meat Wholesalers Pty Limited (Applicant) Fairfield City Council(Respondent)
Representation:	Solicitors: Mr S Kondilios Hall & Wilcox Lawyers (Applicant) Mr A Seton Marsdens Law Group (Respondent)
File Number(s):	2016/155313
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, 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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

Plans prepared by Teknikon Design Pty Ltd:

• Sheet number DA01, Revision F dated 1 June 2016.

• Sheet numbers DA02, DA03, DA04, DA05 Revision E, dated 26 May 2016.

• Landscape Planting Plan, prepared by Michael Siu, Landscape Architects, Drawing No. L01/1 – K20305, dated 30 May 2016.

2. Development Application No. 757.1/2015 seeking to demolish all existing structures and construct a two (2) Storey boarding house containing 12 rooms at 7 Quest Avenue, Carramar (Lot Y D)404910) is approved subject ot the conditions set out in Annexure “A”.

…………….

Sue Morris

Commissioner of the Court

155313.2016 Morris (C Annexure A) - New (256 KB, pdf)

155313.16 Morris_Final plans 10 June 2016 (3.83 MB, pdf)

Decision last updated: 15 June 2016