Container Options Pty Limited v Liverpool City Council

[2016] NSWLEC 1454

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Container Options Pty Limited v Liverpool City Council [2016] NSWLEC 1454
Hearing dates:	Conciliation conference on 23, 26 and 27 May 2016
Date of orders:	30 September 2016
Decision date:	30 September 2016
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:	CONTAINER OPTIONS PTY LIMITED (Applicant) LIVERPOOL CITY COUNCIL (Respondent)
Representation:	Ms J Reid, Martin Place Chambers (Applicant) Mr S Nash, Martin Place Chambers (Respondent)
File Number(s):	2016/153881
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 under s34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. Development Application No. DA-1895/12 for the use of the premises situated at 77 Governor Macquarie Drive, Chipping Norton, for the purposes of a container depot, is approved subject to the conditions as set out in Annexure A.

…………….

Commissioner Chilcott

153881.16 Chilcott - Amended - Annexure A (171 KB, pdf)

Amendments

04 October 2016 - Amendment made to name of representative