Chapman Planning Pty Ltd v Willoughby City Council

[2017] NSWLEC 1487

Land and Environment Court

New South Wales

Medium Neutral Citation:	Chapman Planning Pty Ltd v Willoughby City Council [2017] NSWLEC 1487
Hearing dates:	Conciliation conference on 11 August 2017
Date of orders:	05 September 2017
Decision date:	05 September 2017
Jurisdiction:	Class 1
Before:	Chilcott 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:	Chapman Planning Pty Ltd (Applicant) Willoughby City Council (Respondent)
Representation:	Solicitors: Mr G Christmas, Apex Law (Applicant) Mr K Webber, Wilshire Webb Staunton Beattie (Respondent)
File Number(s):	2017/105243
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 appeal is upheld.

2. That development consent is granted to DA-2016/354 to carry out alterations and additions and use the building at 73 Reserve Road, Artarmon for the purpose of a child care centre subject to the conditions at Annexure “A”.

……………………….

Commissioner Chilcott

Annexure A (C) (357 KB, pdf)

Plans (8.31 MB, pdf)