Adgemis Holdings Pty Ltd v Georges River Council
[2016] NSWLEC 1356
•22 August 2016
Land and Environment Court
New South Wales
Medium Neutral Citation: Adgemis Holdings Pty Ltd v Georges River Council [2016] NSWLEC 1356 Hearing dates: Conciliation conference on 8 April and 22 August 2016 Date of orders: 22 August 2016 Decision date: 22 August 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: Adgemis Holdings Pty Ltd (Applicant)
Georges River Council (Respondent)Representation: Solicitors:
Mr A Whealy
Mills Oakley (Applicant)
Ms J Hewitt
HWL Ebsworth Lawyers (Respondent)
File Number(s): 2016/154020 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
Development Application No DA2015/0413 lodged 16 November 2015 for demolition of existing buildings and erection of a 3 storey building comprising of a childcare centre, 2 levels of residential apartments including 2 levels of basement parking is approved subject to the conditions contained in Annexure ‘B’ and the plans in Annexure ‘A’.
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Sue Morris
Commissioner
154020.16 - Annexure A - Plans (7.27 MB, pdf)
154020.16 - Annexure B (240 KB, pdf)
Decision last updated: 26 August 2016
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