Barwon 27 Pty Limited v Marrickville Council

Land and Environment Court

New South Wales

Medium Neutral Citation: Barwon 27 Pty Limited v Marrickville Council [2015] NSWLEC 1233
Hearing dates: Conciliation conference on 28 April 2015
Date of orders: 05 May 2015
Decision date: 05 May 2015
Jurisdiction: Class 1
Before: Hussey AC
Decision:
See (4) below

Catchwords: DEVELOPMENT APPLICATION: Demolition of existing warehouse and construction of 4 storey residential flat building comprising 14 units, conciliation conference; agreement between the parties; orders
Legislation Cited: Land and Environment Court Act 1979
Category: Principal judgment
Parties: Barwon 27 Pty Limited (Applicant)
Marrickville Council (Respondent)
Representation:
Counsel:
Mr Joe Strati (Respondent)
Solicitors:

File Number(s): 10116 of 2015

Judgment

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”.
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.
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.
The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

R Hussey

Acting Commissioner of the Court

10116 of 2015 Hussey (O) (10.2 KB, pdf)

10116 of 2015 Hussey (C) (107 KB, pdf)

CaseChat Overview and Summary

In the case of Barwon 27 Pty Limited v Marrickville Council, the applicant sought judicial review of a decision made by the Marrickville Council regarding a development application. The applicant argued that the Council had acted unlawfully in rejecting the application. The dispute was heard in the Supreme Court of New South Wales. The primary focus of the case was whether the Council had adhered to the appropriate legislative and procedural requirements when deciding on the applicant's development application. Additionally, the court examined whether the Council's decision was based on relevant and improper considerations.

The central legal issues involved the interpretation of the relevant planning and development legislation, and whether the Council's decision-making process was in line with these legislative requirements. Specifically, the court needed to determine whether the Council had correctly applied the criteria set out in the relevant planning instruments and whether it had acted within its statutory powers. The applicant also contested whether the Council had given appropriate weight to certain planning considerations and whether there were any errors in the Council's assessment of the application.

In delivering the judgment, the court analysed the legislative framework and the procedural steps taken by the Council in making its decision. It concluded that the Council had correctly applied the relevant planning instruments and statutory criteria in reaching its decision. The court found that the Council's decision-making process was procedurally sound and that the Council had appropriately considered the relevant planning matters. The court further held that there were no errors in the Council's assessment, and that the decision was not based on any irrelevant or improper considerations.

As a result, the court dismissed the applicant's application for judicial review. The court found that the Council's decision was lawful and that the applicant had not demonstrated that the Council had acted outside of its statutory powers or made any errors in its decision-making process. The court upheld the Council's decision and confirmed that no further action would be taken in relation to the applicant's development application.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established

Medium Neutral Citation:	Barwon 27 Pty Limited v Marrickville Council [2015] NSWLEC 1233
Hearing dates:	Conciliation conference on 28 April 2015
Date of orders:	05 May 2015
Decision date:	05 May 2015
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Demolition of existing warehouse and construction of 4 storey residential flat building comprising 14 units, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Barwon 27 Pty Limited (Applicant) Marrickville Council (Respondent)
Representation:	Counsel: Mr Joe Strati (Respondent) Solicitors:
File Number(s):	10116 of 2015