CPG Projects Pty Ltd v City of Parramatta Council

[2018] NSWLEC 1242

Land and Environment Court

New South Wales

Medium Neutral Citation:	CPG Projects Pty Ltd v City of Parramatta Council [2018] NSWLEC 1242
Hearing dates:	Conciliation conference on 19 March, 10 April & 14 May 2018
Date of orders:	24 May 2018
Decision date:	24 May 2018
Jurisdiction:	Class 1
Before:	Smithson C
Decision:	See [4] below
Catchwords:	MODIFICATION APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	CPG Projects Pty Ltd (Applicant) City of Parramatta Council (Respondent)
Representation:	Solicitors: A Spizzo, Landerer & Company (Applicant) J Hewitt, HWL Ebsworth (Respondent)
File Number(s):	2017/378139
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 amend the development application and rely upon the plans referred to in Condition 1 of Annexure "A" to this agreement.

2. The Appeal is upheld.

3. Modification Application 437/2016/A for the retention of an existing local heritage item and construction of a four storey residential flat building at 139 Good Street, Rosehill is approved subject to the conditions set out in Annexure “A” to this agreement.

4. The applicant is to pay the respondent's costs thrown away as a result of the applicant amending the modification application, pursuant to section 8.15(3) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

……………………….

Jenny Smithson

Commissioner of the Court

Annexure A (145 KB, pdf)