Benmill Pty Ltd v City of Sydney Council

[2018] NSWLEC 1405

Land and Environment Court

New South Wales

Medium Neutral Citation:	Benmill Pty Ltd v City of Sydney Council [2018] NSWLEC 1405
Hearing dates:	Conciliation conference on 2 August 2018
Date of orders:	02 August 2018
Decision date:	02 August 2018
Jurisdiction:	Class 1
Before:	O’Neill 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:	Benmill Pty Ltd (Applicant) City of Sydney Council (Respondent)
Representation:	Solicitors: J Hones, Hones Lawyers (Applicant) P Canning, Council of the City of Sydney (Respondent)
File Number(s):	2018/110276
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The application is upheld.

2. Pursuant to s4.55(8) of the Environmental Planning and Assessment Act 1979, the development consent granted by the Court in proceedings 2016/359097 for construction of a two storey addition and adaptive reuse of a warehouse to accommodate three commercial premises on the ground floor and 20 apartments above at 276-282 Devonshire Street, Surry Hills is modified in accordance with the Conditions of Consent, as set out in Annexure "A".

3. The Respondent’s reasons for agreement to the terms of the decision, are set out in Annexure “B”.

……………………….

Susan O’Neill

Commissioner of the Court

Annexure A (302 KB, pdf)

Annexure B (93.8 KB, pdf)