Challis Ave Pty Ltd v Canterbury-Bankstown Council

[2018] NSWLEC 1158

Land and Environment Court

New South Wales

Medium Neutral Citation:	Challis Ave Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1158
Hearing dates:	Conciliation conference on 15, 26 & 27 February, 19 & 26 March 2018
Date of orders:	29 March 2018
Decision date:	29 March 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Challis Ave Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitors: Mr V. Conomos, Conomos Legal (Applicant) Mr P. Jackson, Pikes & Verekers (Respondent)
File Number(s):	2017/279586
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal, under s97 of the Environmental Planning and Assessment Act 1979, against Council’s deemed refusal of development application number DA-634/2015. The application seeks development approval for the construction of a residential flat building including affordable housing accommodating twenty-one (21) apartments with basement car parking at 10-12 Beaumont Street, Campsie.

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 Applicant is granted leave to amend the development application in accordance with the plans referred to in condition 6 of Annexure “A”.

2. The Applicant is to pay the Respondent’s costs pursuant to s 8.15(3) of the Environment Planning and Assessment Act 1979 in the sum of $6,000.00 within 28 days of the making of these orders.

3. The Appeal is upheld.

4. Development Application No. 634/2015 as amended for the construction of a residential flat building including affordable housing accommodating twenty-one (21) apartments with basement car parking is approved subject to the conditions set out in Annexure “A”.

……………………….

Commissioner Dickson

Land and Environment Court of NSW

279586.17 Annexure A (C)

279586.17 Annexure B (Plans)