Albury Demolitions Pty Ltd v Albury City Council
[2016] NSWLEC 1414
•12 September 2016
|
New South Wales |
Case Name: | Albury Demolitions Pty Ltd v Albury City Council |
Medium Neutral Citation: | [2016] NSWLEC 1414 |
Hearing Date(s): | Conciliation conference on 2 June, 3 August 2016 |
Date of Orders: | 12 September 2016 |
Decision Date: | 12 September 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: | Albury Demolitions Pty Ltd (Applicant) |
Representation: | Solicitors: |
File Number(s): | 159544/2016 |
Publication Restriction: | No |
JUDGMENT
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”.
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.
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.
The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
(a)The appeal is upheld.
(b)Development Application No. 10.2014.33099.1 for Stage 1 of the Staged Development for processing and storage of reclaimed/recycled building materials and an associated site office located at Lot 824 DP 815599 being 73 Catherine Crescent, Lavington, NSW is approved subject to the conditions contained in Annexure "A".
(c)The Court notes that each party is to bear their own costs.
…………….
Sue Morris
Commissioner
159544.16 - Annexure A (82.5 KB, pdf)
Albury Demolitions Pty Ltd v Albury City Council [2016] NSWLEC 1414
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