80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust v Georges River Council

[2018] NSWLEC 1566

Land and Environment Court

New South Wales

Medium Neutral Citation:	80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust v Georges River Council [2018] NSWLEC 1566
Hearing dates:	Conciliation conference on 19 October 2018
Date of orders:	25 October 2018
Decision date:	25 October 2018
Jurisdiction:	Class 1
Before:	Smithson 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:	80 Penshurst St Pty Ltd ATF 80 Penshurst St Trust (Applicant) Georges River Council (Respondent)
Representation:	Counsel: T To (Applicant) M Staunton (Respondent) Solicitors: Mills Oakley (Applicant) HWL Ebsworth Lawyers (Respondent)
File Number(s):	2018/84104
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the amended plans dated 19 October 2018, copies of which are behind Annexure "A" for the purpose of the development application.

2. The appeal is allowed.

3. Modification application MOD2018/0007 seeking to modify development consent 2016/0363 to add additional bedrooms at level 3, modifications to ground floor retail and addition of a substation at 80 Penshurst Street, Penshurst is determined by approving the modification as set out in Annexure "B".

4. As a consequence of (3) above, Development Consent No 2016/0363 is now subject to the consolidated, modified conditions of development consent set out in Annexure "C".

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (5.86 MB, pdf)

Annexures B and C (242 KB, pdf)