Australian Consulting Architects v The Hills Shire Council

[2016] NSWLEC 1259

Land and Environment Court

New South Wales

Medium Neutral Citation:	Australian Consulting Architects v The Hills Shire Council [2016] NSWLEC 1259
Hearing dates:	Conciliation conference on 22 June 2016
Date of orders:	23 June 2016
Decision date:	23 June 2016
Jurisdiction:	Class 1
Before:	Maston AC
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:	Australian Consulting Architects (Applicant) The Hills Shire Council (Respondent)
Representation:	Mr P R Rigg (Applicant) Mr A Hudson, Wilshire Webb Staunton Beattie Lawyers (Respondent)
File Number(s):	150715/2016
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, 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 appeal is upheld

2. The section 96(1A) modification application No.338/2015/HB/A lodged with the Respondent on 12 February 2016 to modify consent no. 338/2015/HB dated 9 June 2015 for the demolition of existing structure and construction of a multi-dwelling development containing 31 units and associated parking and landscaping is modified in accordance with schedule “A”

…………….

Acting Commissioner

150715.16 Maston (C) (163 KB, pdf)