Cremorne Place Pty Ltd v North Sydney Council

[2015] NSWLEC 1562

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cremorne Place Pty Ltd v North Sydney Council [2015] NSWLEC 1562
Hearing dates:	Conciliation conference on 8 December 2015
Date of orders:	22 December 2015
Decision date:	22 December 2015
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: demolition of existing building and construction of a mixed use development; 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:	Cremorne Place Pty Ltd (Applicant) North Sydney City Council (Respondent)
Representation:	Counsel: Ms J. Reid, barrister (Applicant) Mr M. Pearce, solicitor, North Sydney Council (Respondent)
File Number(s):	10763 of 2015
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of Development Application No. DA167/15 for demolition of an existing commercial building and construction of a new mixed use building comprising basement car parking, ground level retail and apartments above at 352-354 Military Road, Cremorne

2. 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”.

3. 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.

4. 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.

5. The final orders to give effect to the parties’ agreement were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

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Commissioner Brown

10763 of 2015 Brown (O) (70.5 KB, pdf)

10763 of 2015 Brown (C) (539 KB, pdf)

10763 of 2015 Brown_plans (2.13 MB, pdf)