Australiagen Office Portfolio Sub TC Pty Ltd v North Sydney Council

[2017] NSWLEC 1309

Land and Environment Court

New South Wales

Medium Neutral Citation:	AUSTRALIAGEN OFFICE PORTFOLIO SUB TC PTY LTD v NORTH SYDNEY COUNCIL [2017] NSWLEC 1309
Hearing dates:	Conciliation conference on 23 May 2017
Date of orders:	16 June 2017
Decision date:	16 June 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:	AUSTRALIAGEN OFFICE PORTFOLIO SUB TC PTY LTD (Applicant) NORTH SYDNEY COUNCIL (Respondent)
Representation:	Solicitor: Mr G McKee, McKees Legal Solutions (Applicant) Ms K Gerathy, HWLE (Respondent)
File Number(s):	2017/40939
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. Leave is granted to the Applicant to rely on the amended plans set out in Condition A1 of Annexure A. The parties agree that the amendments are minor for the purposes of section 97B of the Environmental Planning and Assessment Act 1979 (NSW).

2. The appeal is upheld.

3. Development Application No. 276/16 for the removal of existing above parapet signage and the erection of at new “building identification sign” is approved subject to the conditions contained in Annexure “A” hereto.

……………………….

Commissioner Chilcott

40939.17 Chilcott (C) (215 KB, pdf)