Baraz Construction Pty Ltd v Strathfield Municipal Council

[2016] NSWLEC 1249

Land and Environment Court

New South Wales

Medium Neutral Citation:	Baraz Construction Pty Ltd v Strathfield Municipal Council [2016] NSWLEC 1249
Hearing dates:	Conciliation conference on 27 April and 27 May 2016
Date of orders:	16 June 2016
Decision date:	16 June 2016
Jurisdiction:	Class 1
Before:	Morris 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:	Baraz Construction Pty Ltd (Applicant) Strathfield Council (Respondent)
Representation:	Mr G McKee, McKees Legal Solutions (Applicant) Mr G Baker, Strathfield Municipal Council (Respondent)
File Number(s):	2016/152690 (formerly 10052 of 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 applicant is given leave to amend their development application by substituting the plans and documentation referred to in Condition 1 of Annexure “A” as the plans relied upon for the purposes of the development application.

2. The Appeal is upheld.

3. Development Consent is granted to modify Development Application No. 2015/008 for the demolition of existing structures and the construction of a four (4) storey residential flat building comprising (10) units and basement car parking, proposed pursuant to the provisions of State Environmental Planning Policy (Affordable Rental Housing) 2009, on the land described as Lot 36 in Deposited Plan 35941, known as 50 Noble Avenue, Strathfield, subject to the conditions of consent set out in Annexure “A” to this agreement.

…………….

Commissioner Morris

152690.16 Morris (C) (297 KB, pdf)

152690.16 Morris_Landscape plan (2.71 MB, pdf)

152690.16 Morris_Plans.doc (11.3 MB, pdf)