Balintore Developments Pty Ltd v Canterbury Bankstown Council

[2018] NSWLEC 1083

Land and Environment Court

New South Wales

Medium Neutral Citation:	Balintore Developments Pty Ltd v Canterbury Bankstown Council [2018] NSWLEC 1083
Hearing dates:	Conciliation conference on 11 and 18 January 2018
Date of orders:	02 March 2018
Decision date:	02 March 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	Balintore Developments Pty Ltd (Applicant) Canterbury Bankstown Council (Respondent)
Representation:	Maysaa Parrino, Project Lawyers (Applicant) Adam Seton, Marsdens Law Group(Respondent)
File Number(s):	2017/310402
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 Annexure A.

2. The appeal is upheld.

3. Development consent is granted to Modification application no.239/2015/A, which seeks to adjust the eastern boundary of the site, and modify the stormwater disposal system and landscaping, subject to the conditions of consent in Annexure B.

……………………….

Susan Dixon

Senior Commissioner of the Land and Environment Court

Annexure A (25.8 KB, pdf)

Annexure B (111 KB, pdf)

Plans (6.38 MB, pdf)