Combined Projects (Rockdale) Pty Ltd v Bayside Council

[2017] NSWLEC 1330

Land and Environment Court

New South Wales

Medium Neutral Citation:	Combined Projects (Rockdale) Pty Ltd v Bayside Council [2017] NSWLEC 1330
Hearing dates:	Conciliation conference on 4, 6, 20 April, 1, 8, 22, 23 May, 20, 22 June 2017
Date of orders:	27 June 2017
Decision date:	27 June 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 (Rockdale) Pty Ltd (Applicant) Bayside Council (Respondent)
Representation:	Solicitor: Mr A Whealy, Mills Oakley (Applicant) Mr J Cole, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/361926
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 referred to in the conditions of consent annexed hereto and marked “Annexure A”.

2. The Applicant is to pay the Respondent’s costs thrown away pursuant to section 97B of the Environmental Planning and Assessment Act 1979, in an agreed amount of $60,000 within 28 days of the date of these orders.

3. The Appeal is upheld.

4. Development application no. DA-2016/241 for the demolition of existing structures and construction of a mixed use development comprising three buildings containing 365 residential apartments, ground floor commercial/retail floor space, basement car parking and public domain area at 15-21A Bay Street, 1-11 Chapel Street, 1-3 Chapel Lane and 6-12 Lister Avenue, Rockdale NSW 2216 is approved subject to the conditions contained in Annexure “A”.

……………………….

Commissioner Chilcott

361926.16 Chilcott (C) (629 KB, pdf)