Bridgelane 14 Pty Ltd v Willoughby City Council

[2017] NSWLEC 1118

Land and Environment Court

New South Wales

Medium Neutral Citation:	Bridgelane 14 Pty Ltd v Willoughby City Council [2017] NSWLEC 1118
Hearing dates:	Conciliation Conference on 7 February and 28 February 2017
Date of orders:	07 March 2017
Decision date:	07 March 2017
Jurisdiction:	Class 1
Before:	Smithson 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:	Bridgelane 14 Pty Ltd (Applicant) Willoughby City Council (Respondent)
Representation:	T Flaherty, Mills Oakley (Applicant) J P Merlino, HWL Ebsworth (Respondent)
File Number(s):	2016/295688
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 s34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely upon the amended plans referred to in condition 1 of Annexure “A.”

2. The appeal is upheld.

3. Development Application No. DA-2016/55 which was lodged with the Respondent on 24 February 2016 for demolition of existing structures and construction of a new shop top housing development including basement parking in respect of the land identified as Lot 100 DP 774029 and known as 46 Strathallen Avenue, Northbridge is approved subject to the conditions contained in Annexure “A”.

4. The applicant is to pay the respondent's costs pursuant to section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

…………….

Jenny Smithson

Commissioner

295688.16 Annexure A (C) (178 KB, pdf)

295688.16 Plans (10.6 MB, pdf)