Conn Health Pty Ltd v Woollahra Municipal Council

[2018] NSWLEC 1248

Land and Environment Court

New South Wales

Medium Neutral Citation:	Conn Health Pty Ltd v Woollahra Municipal Council [2018] NSWLEC 1248
Hearing dates:	Conciliation conference on 15 May 2018
Date of orders:	23 May 2018
Decision date:	23 May 2018
Jurisdiction:	Class 1
Before:	Dixon SC
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:	Conn Health Pty Ltd (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Counsel: Dr J Smith, (Applicant) Solicitors: Deutsch Partners (Applicant) S Simington, Lindsay Taylor Lawyers (Respondent)
File Number(s):	2017/78364
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. Leave is granted to amend the application to proceed under sections 4.55(2) and 8.9 of the Environmental Planning and Assessment Act 1979 (NSW).

2. The appeal is upheld.

3. Modification application No. 286/2016/2 for change of trading hours of the training studio located at 18 Bay Street, Double Bay, from 6:00am – 8:00pm to 5:15am - 8:00pm Monday to Friday and increase in patron numbers from 27 to 36 is approved subject to the conditions set out in Annexure ‘A’.

4. As a consequence of order 4(3), Development Consent No. DA286/2016 is now subject to the consolidated, modified conditions of development consent set out in Annexure ‘B’.

……………………….

S Dixon

Senior Commissioner of the Land & Environment Court

Annexure A (44.1 KB, pdf)

Annexure B (144 KB, pdf)

Decision last updated: 23 May 2018