Australian Consulting Architects v The Hills Shire Council
[2016] NSWLEC 1259
•23 June 2016
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
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld
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”
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Acting Commissioner
150715.16 Maston (C) (163 KB, pdf)
Decision last updated: 24 June 2016
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