Amia Investments Pty Ltd ATF Miaa Trust v Georges River Council

[2018] NSWLEC 1041

Land and Environment Court

New South Wales

Medium Neutral Citation:	AMIA Investments Pty Ltd ATF MIAA Trust v Georges River Council [2018] NSWLEC 1041
Hearing dates:	Conciliation conference on 2 February 2018
Date of orders:	02 February 2018
Decision date:	02 February 2018
Jurisdiction:	Class 1
Before:	Bish 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:	AMIA Investments Pty Ltd ATF MIAA Trust (Applicant) Georges River Council(Respondent)
Representation:	Solicitor: Graham McKee, McKees Legal Solutions (Applicant) Amanda Berry (Respondent)
File Number(s):	2017/206973
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 s34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to amend the development application and rely on the plans referred to in Section A, Condition 1. DEV6.1 of Annexure “A” to this agreement. A copy of those plans are Annexure “B” to this agreement.

2. The Appeal is upheld.

3. Development Application Number DA2017/0105 for the demolition of existing structures and construction of a multi-dwelling housing development comprising eight (8) at 54 and 56 Johnstone Street, Peakhurst, NSW is approved subject to the conditions set out in Annexure “A” to this agreement.

4. The applicant is to pay the respondent’s costs thrown away pursuant to s97B of the Environmental Planning and Assessment Act 1979, in the amount of $13,000.00 within 14 days of the orders being made by the Court.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (130 KB, pdf)

Annexure B (16.3 MB, pdf)