Coonong Constructions Pty Ltd v Sutherland Shire Council

[2018] NSWLEC 1478

Land and Environment Court

New South Wales

Medium Neutral Citation:	Coonong Constructions Pty Ltd v Sutherland Shire Council [2018] NSWLEC 1478
Hearing dates:	Conciliation conference on 7 September 2018
Date of orders:	07 September 2018
Decision date:	07 September 2018
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Coonong Constructions Pty Ltd (Applicant) Sutherland Shire Council (Respondent)
Representation:	Solicitors: J Cole, HWL Ebsworth Lawyers (Applicant) J Amy, Sutherland Shire Council (Respondent)
File Number(s):	2017/385054
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The applicant is granted leave to amend the development application to rely upon the plans referred to in Condition 1 of Annexure "A" to this agreement.

2. Pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 the applicant is to pay the Council's cost thrown away as a result of amending the application, as agreed or assessed.

3. The Appeal is upheld.

4. Development Application 17/0278 for demolition of existing structures and construction of multi dwelling development containing 8 townhouses at 3 Coonong Road, Gymea Bay is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (473 KB, pdf)