AAR Linen Pty Ltd v City of Parramatta Council

[2017] NSWLEC 1138

Land and Environment Court

New South Wales

Medium Neutral Citation:	AAR Linen Pty Ltd v City of Parramatta Council [2017] NSWLEC 1138
Hearing dates:	13 December 2016, 6 February, 28 February, 8 March 2017
Date of orders:	21 March 2017
Decision date:	21 March 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	ORDER: unauthorised construction of structure and placement of plant in rear in car park; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	AAR Linen Pty Ltd (Applicant) City of Parramatta Council(Respondent)
Representation:	Ms A Hemmings, barrister; Thomson Geer Lawyers (Applicant) Mr Andrew Gough; Storey & Gough Lawyers (Respondent)
File Number(s):	2016/160897
Publication restriction:	No

Judgment

1. COMMISSIONER; This is an appeal against an Order, under s 121B of the Environmental Planning and Assessment Act 1979 issued by the council for the unauthorised use of the rear car park at 10 Carolyn Street Silverwater.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement under s34(3) of the Court Act are:

1. The appeal is upheld.

2. Pursuant to s121ZK(4)(b) of the Environmental Planning an Assessment Act 1979 (NSW), the order issued by the Respondent to the Applicant dated 27 April 2016 is modified as set out in Annexure 'A' to this Agreement.

3. Liberty is granted to apply to vary the orders in Annexure A including for the following purposes:

1. If it is necessary or appropriate for other or further detail to be provided for by the orders in Annexure A; and

2. In the event of any delays to the carrying out of the works the subject of the orders in Annexure A due to matters outside the Applicant's control.

…………….

Graham Brown

Commissioner

160897.16 Annexure A (31.1 KB, pdf)

Decision last updated: 03 May 2018