Cale v City of Parramatta Council
[2018] NSWLEC 1361
•12 July 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Cale v City of Parramatta Council [2018] NSWLEC 1361 Hearing dates: Conciliation conference on 12 July 2018 Date of orders: 12 July 2018 Decision date: 12 July 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: Anthony Cale (Applicant)
City of Parramatta Council (Respondent)Representation: Solicitors:
D Tyrrell, McKees Legal Solutions (Applicant)
A Gough, Storey & Gough (Respondent)
File Number(s): 2018/66180 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The applicant is granted leave to rely on the amended stormwater and landscape plans referenced in Condition 1 of Annexure “A”.
The Appeal is upheld.
Development Application DA/610/2017 for the demolition of all structures and construction of a two storey attached dual occupancy development with Torrens title subdivision at 51 Boronia Avenue, Epping, NSW is approved subject to the conditions set out in Annexure “A” to this agreement.
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Susan Dixon
Senior Commissioner of the Court
Annexure A (262 KB, pdf)
Plans (6.62 MB, pdf)
Decision last updated: 19 July 2018
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