Chen v City of Ryde Council

[2018] NSWLEC 1433

Land and Environment Court

New South Wales

Medium Neutral Citation:	Chen v City of Ryde Council [2018] NSWLEC 1433
Hearing dates:	Conciliation conference on 12 July 2018 and 01 August 2018
Date of orders:	16 August 2018
Decision date:	16 August 2018
Jurisdiction:	Class 1
Before:	Bish 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:	Jun Chen (First Applicant) Chang Q Huang (Second Applicant) City of Ryde Council (Respondent)
Representation:	Solicitors: A Sattler, Sattler & Associates Pty Limited (Applicant) B Stephen, The City of Ryde (Respondent)
File Number(s):	2018/54819
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 Court Act are:

1. Leave is granted to the applicant to rely upon the amended plans as set out in Annexure “A”:

2. The Appeal is upheld.

3. Development Application No. LDA2016/0576 for demolition of existing structures consolidation of two lots and construction of a 2 storey child care centre to cater for 40 children is approved subject to the conditions in Annexure “A”.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (70.1 KB, pdf)