Cloverland International Pty Ltd v Inner West Council

[2017] NSWLEC 1053

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cloverland International Pty Ltd v Inner West Council [2017] NSWLEC 1053
Hearing dates:	Conciliation conference on 10 February 2017
Date of orders:	10 February 2017
Decision date:	10 February 2017
Jurisdiction:	Class 1
Before:	O’Neill 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:	Cloverland International Pty Ltd (Applicant) Inner West Council (Respondent)
Representation:	Solicitors: Mr M. Sonter, Mills Oakley (Applicant) Mr G. Christmas, Apex Planning and Environment Law (Respondent)
File Number(s):	2016/240831
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, 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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

Leave is granted to the Applicant to rely on the plans listed in condition 1 of Annexure” A”.

Pursuant to section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs agreed at $4,500.00 upon execution of this agreement.

The appeal is upheld.

Development consent is granted to DA 2016/00249 for demolition of the existing buildings and construction of a mixed use development on the land known as 47, 49 and 51-61 Princes Highway, St Peters, legally described as Lot 1 DP 829951 subject to the conditions at Annexure “A”.

…………….

Commissioner O’Neill

Annexure A Conditions (185 KB, pdf)

240831.16 Architectural Plans (16.2 MB, pdf)

240831.16 Landscape Plans - AMENDED (6.58 MB, pdf)