Belmore 88 Pty Ltd v City of Canterbury-Bankstown

[2017] NSWLEC 1286

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Belmore 88 Pty Ltd v City of Canterbury-Bankstown [2017] NSWLEC 1286
Hearing dates:	Conciliation Conference 2 June 2017
Date of orders:	05 June 2017
Decision date:	05 June 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing structures and construction of a 4 and 5 storey shop top housing development; conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Belmore 88 Pty Ltd (Applicant) City of Canterbury-Bankstown (Respondent)
Representation:	Mr A Knox, Pikes & Verekers Lawyers (Applicant) Mr J Hewitt, HWL Ebsworth (Respondent)
File Number(s):	16/359087
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development application DA 566/2014 for the demolition of existing structures and construction of a 4 and 5 storey shop top housing development at 717-727 Canterbury Road, Belmore

2. 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”.

3. 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.

4. 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.

5. 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. Development application DA 566/2014 for the demolition of existing structures and construction of a 4 and 5 storey shop top housing development containing 141 units, 2 x retail tenancies, 7 x commercial tenancies over 3 levels of basement car parking at 717-727 Canterbury Road, Belmore is approved subject to the conditions in Annexure “A” hereto, of which condition 2 refers to the Voluntary Planning Agreement at Annexure “B”.

…………….

Commissioner

G Brown

359087.16 Annexure A (565 KB, pdf)

359087.17 Annexure B (VPA) (510 KB, pdf)

Amendments

06 June 2017 - Uploaded Annexure B

08 June 2017 - 'Conciliation Conference' entered

06 December 2017 - Pursuant to rule 36.17 of the UCPR, the 'slip rule', final version of the VPA agreement uploaded (Annexure 'B') to replace draft version previously uploaded.