Cairich Property Development Pty Ltd v Strathfield Council

[2018] NSWLEC 1080

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cairich Property Development Pty Ltd v Strathfield Council [2018] NSWLEC 1080
Hearing dates:	Conciliation conference on 9 February 2018
Date of orders:	14 February 2018
Decision date:	14 February 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	Cairich Property Development Pty Ltd (Applicant) Strathfield Council (Respondent)
Representation:	Solicitor: Vasili Conomos, Conomos Legal (Applicant) Angelo Bilias, Strathfield Council (Respondent)
File Number(s):	2017/249174
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. Approval is given to the modification of the development consent DA2016/195 for the demolition of existing structures and construction of a boarding house containing (52) rooms over one (1) level of basement parking at 10 Homebush Road, Strathfield, Lot 10 in DP 2461 by the deletion of Condition DACC050 and the imposition of the new Condition DACC050 attached at Annexure A.

2. The appeal is upheld.

3. As a consequence of order (1), the development consent granted (Annexure B) is now subject to the modified condition set out in Annexure A hereto.

……………………….

Susan Dixon

Senior Commissioner

Annexure A (9.72 KB, pdf)

Annexure B (9.53 MB, pdf)