Boka-Krslovic Homes Pty Limited v Sutherland Shire Council

[2016] NSWLEC 1373

Land and Environment Court

New South Wales

Medium Neutral Citation:	Boka-Krslovic Homes Pty Limited v Sutherland Shire Council [2016] NSWLEC 1373
Hearing dates:	Conciliation conference on 20 January 2016
Date of orders:	30 August 2016
Decision date:	30 August 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; Townhouses; stormwater; urban design; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Boka-Krslovic Homes Pty Limited (Applicant) Sutherland Shire Council (Respondent)
Representation:	Applicant: Mr R Haralovic (Solicitor) Respondent: Ms J Amy (Solicitor)     Solicitors: Applicant: Hal Lawyers Respondent: Sutherland Shire Council
File Number(s):	151495 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 granted leave to rely on the amended plans and documents, referred to in Condition 1 of Annexure A.

2. The Clause 4.6 submission in relation to the Height development standard, by DA Angels, is upheld.

3. The Appeal is upheld.

4. Application number DA15/0877 for the construction of 8 two storey townhouses, car parking and related landscaping for 372-376 President Avenue, Gymea is approved, in accordance with the conditions of consent annexed hereto and marked ‘A’.

_______________________

Judy Fakes

Commissioner of the Court

151495.16 Annexure A (302 KB, pdf)