Combined Projects (Hurstville) Pty Ltd v Georges River Council

[2017] NSWLEC 1528

Land and Environment Court

New South Wales

Medium Neutral Citation:	Combined Projects (Hurstville) Pty Ltd v Georges River Council [2017] NSWLEC 1528
Hearing dates:	Conciliation conference on 22 September 2017
Date of orders:	22 September 2017
Decision date:	22 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:	Combined Projects (Hurstville) Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	Solicitor: Mr Flaherty, Mills Oakley (Applicant) Mr J Cole, HWL Ebsworth Lawyers(Respondent)
File Number(s):	2017/64868
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 Applicant is granted leave to rely upon the amended plans and documents referred to in the conditions of consent annexed hereto and marked “Annexure A”.

2. The Appeal is upheld.

3. Development application no. DA-2016/154, for the construction of an additional two storeys atop of Building D of the mixed use development approved on 10 May 2016 by Development Consent no. DA 2015/191, at 12-22 Woniora Rd Hurstville NSW is approved subject to the conditions contained in Annexure “A”.

……………………….

Commissioner Chilcott

Annexure A (200 KB, pdf)

Plans (1.86 MB, pdf)