Castle 78 Pty Ltd (ABN 57 606 424 720) v Liverpool City Council

[2018] NSWLEC 1476

Land and Environment Court

New South Wales

Medium Neutral Citation:	Castle 78 Pty Ltd (ABN 57 606 424 720) v Liverpool City Council [2018] NSWLEC 1476
Hearing dates:	Conciliation conference on 8 and 19 June 2018; 12 and 27 July 2018
Date of orders:	10 September 2018
Decision date:	10 September 2018
Jurisdiction:	Class 1
Before:	Walsh C
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:	Castle 78 Pty Ltd (ABN 57 606 424 720) (Applicant) Liverpool City Council (Respondent)
Representation:	Solicitors: G Green, Pikes & Verekers Lawyers (Applicant) C Drury, Sparke Helmore (Respondent)
File Number(s):	2017/387760
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 upon the amended plans and documentation referred to in condition 1 of the conditions of consent at annexure “A”.

2. The applicant is to pay the respondent’s costs thrown away as a result of the amendments pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 in the sum of $17,000 payable within 28 days of the date of this agreement.

3. The clause 4.6 variation request to vary the height of buildings standard in clause 4.3 of Liverpool Local Environmental Plan 2008 as set in the written request by Haskew de Chalain Planning dated August 2018 is upheld.

4. The appeal is upheld.

5. Development application DA-481/2017 for demolition of existing structures and construction of a 4 storey shop top housing development comprising ground floor retail, 36 residential units and basement car parking at 624-634 Hume Highway, Casula is approved subject to the conditions at annexure “A”.

……………………….

Peter Walsh

Commissioner of the Court

Annexure A (465 KB, pdf)

Plans (9.80 MB, pdf)