Cash Warwick Pty Ltd v Georges River Council

[2017] NSWLEC 1725

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Cash Warwick Pty Ltd v Georges River Council [2017] NSWLEC 1725
Hearing dates:	Conciliation conference on 15 December 2017
Date of orders:	15 December 2017
Decision date:	15 December 2017
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Cash Warwick Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	Solicitors: Ms K Marginson, Mills Oakley (Applicant) Mr M Cottom, HWL Ebsworth (Respondent)
File Number(s):	2017/ 225201
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 on the following amended plans prepared by Dickson Rothschild (Project No 15-084 - dated 23 November 2017):

1. DA-002 - Summary Sheet (Revision 9)

2. DA-200 - Basement 3 (Revision 4)

3. DA-201 - Basement 2 (Revision 8)

4. DA-301 - Section A-A (Revision 8)

5. DA-302 - Section B-B (Revision 8)

6. DA-705 - Ramp Details (Revision 8).

2. The application to the Court made on 24 July 2017 pursuant to s 96(8) of the Environmental Planning and Assessment Act 1979 to modify Development Consent no. DA99/2016 for the demolition of all dwellings, construction of 1 x 7-storey and 1 x 5-storey residential flat buildings (67 units in total), basement parking and strata subdivision on Lots 45, 46, 47, 48 and 49 in DP 1999 known as 832-836 King Georges Road and 51 Connells Point Road, South Hurstville is determined by approving the modifications as set out in Annexure A.

3. As a consequence of the above, Development Consent no. DA99/2016 is now subject to the consolidated, modified conditions of development consent set out in Annexure B.

……………………….

J Smithson

Commissioner of the Court

225201.17 Annexure A and B_SlipRule (C) (282 KB, pdf)

Amendments

12 February 2018 - Pursuant to UCPR 36.17, the slip rule, amend orders of 15 December 2017