Canberra Estates Consortium No 55 Pty Ltd v Liverpool City Council

[2017] NSWLEC 1498

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Canberra Estates Consortium No 55 Pty Ltd v Liverpool City Council [2017] NSWLEC 1498
Hearing dates:	Conciliation conference on 29 August 2017, 4 September 2017
Date of orders:	12 September 2017
Decision date:	12 September 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: two appeals; subdivision and associated works; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Canberra Estates Consortium No 55 Pty Ltd (Applicant) Liverpool City Council (Respondent)
Representation:	Counsel: Mr S Nash, Martin Place Chambers (Respondent) Solicitors: Mr A Gadiel, Mills Oakley (Applicant) Mr I Lacy (Respondent)
File Number(s):	2017/148282 and 2017/148300
Publication restriction:	No

Judgment

1. COMMISSIONER: These are two separate but related appeals in relation to the subdivision and related works for land at Eighteenth Avenue, Austral.

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement under s34(3) of the Land and Environment Court Act 1979 are:

1. The appeals are upheld.

2. Development application no DA-903/2016, lodged on 22 September 2016 as amended, for

1. demolition of existing structures;

2. subdivision of two lots into 49 residential lots in two stages;

3. associated roads, drainage, fill works, street tree landscaping; and

4. construction of a temporary detention basin,

is determined by the grant of consent subject to the conditions contained in Annexure ‘A’.

3. Development application no DA-68/2017, lodged on 9 February 2017 as amended, for subdivision of one lot into 31 Torrens title lots, including:

1. an on-site detention basin;

2. road construction;

3. landscape and drainage works;

4. easements; and

5. removal of trees,

is determined by the grant of consent subject to the conditions contained in Annexure ‘B’.

……………………….

Commissioner Brown

Annexure A (C) (632 KB, pdf)

Annexure B (C) (719 KB, pdf)

Amendments

14 September 2017 - Amendment to legal representative for the Respondent