Austral Nominee No. 1 Pty Limited v Liverpool City Council

[2017] NSWLEC 1624

Land and Environment Court

New South Wales

Medium Neutral Citation:	Austral Nominee No. 1 Pty Limited v Liverpool City Council [2017] NSWLEC 1624
Hearing dates:	Conciliation conference on 23 October 2017
Date of orders:	07 November 2017
Decision date:	07 November 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Austral Nominee No. 1 Pty Limited (Applicant) Liverpool City Council (Respondent)
Representation:	Counsel: Mr R O'Gorman-Hughes (Respondent) Solicitors: Mr J Wilcher, Hicksons Lawyers (Applicant) Mr I Lacy, Liverpool City Council (Respondent)
File Number(s):	2017/193330
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 appeal be upheld;

2. Development consent be granted to Development Application No. 1155-2016 for demolition of existing structures and landscaping and creation of 89 lots for residential purposes by a staged subdivision at Lots 1011, 1012, 1035 & 1036 DP 2475 at 60 & 70 Seventh Avenue, Austral on conditions set out in Annexure ‘A’.

……………………….

Commissioner Chilcott

Annexure A (C) (640 KB, pdf)