Cale v City of Parramatta Council

[2018] NSWLEC 1361

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

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 applicant is granted leave to rely on the amended stormwater and landscape plans referenced in Condition 1 of Annexure “A”.

2. The Appeal is upheld.

3. 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.

……………………….

Susan Dixon

Senior Commissioner of the Court

Annexure A (262 KB, pdf)

Plans (6.62 MB, pdf)