City Properties No. 2 Pty Ltd v Woollahra Municipal Council

[2017] NSWLEC 1175

Land and Environment Court

New South Wales

Medium Neutral Citation:	City Properties No. 2 Pty Ltd v Woollahra Municipal Council [2017] NSWLEC 1175
Hearing dates:	Conciliation conference on 31 March 2017
Date of orders:	04 April 2017
Decision date:	04 April 2017
Jurisdiction:	Class 1
Before:	Martin SC
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: modification application; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	City Properties No 2 Pty Ltd (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Solicitor: Ms Cowper, Mills Oakley (Applicant) Mr Harker, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/7589
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. Approval is given to modify development application number DA 97/2016 under s96 of the Environmental Planning and Assessment Act 1979 to delete condition A6 and condition A7.

5. As a consequence of Order 4 above, the Court notes that Development Consent DA 97/2016 is now subject to the consolidated, modified conditions of consent set out in Annexure A.

……………………….

Senior Commissioner Martin

7589.17 Martin (C) (546 KB, pdf)

Decision last updated: 06 April 2017