Crownview Investments Pty Ltd as trustee for Crownview Investments Unit Trust v Sutherland Shire Council

[2018] NSWLEC 1182

Land and Environment Court

New South Wales

Medium Neutral Citation:	Crownview Investments Pty Ltd as trustee for Crownview Investments Unit Trust v Sutherland Shire Council [2018] NSWLEC 1182
Hearing dates:	Conciliation conference on 8 and 21 March 2018 and 13 April 2018
Date of orders:	13 April 2018
Decision date:	13 April 2018
Jurisdiction:	Class 1
Before:	Dickson C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Crownview Investments Pty Ltd as trustee for Crownview Investments Unit Trust (Applicant) Sutherland Shire Council (Respondent)
Representation:	Solicitors: Mr Graham McKee, McKees Legal Solutions (Applicant) Ms Janelle Amy, Sutherland Shire Council (Respondent)
File Number(s):	2017/361670
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal by the Applicant against the Sutherland Shire Council’s deemed refusal pursuant to Section 97(1)(b) of the Environmental Planning and Assessment Act 1979, to grant consent to Development Application number DA17/0805 in relation to Lot A in DP 403198, 36 Rawson Parade, Caringbah South NSW.

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 make, 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 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 on the amended plans referred to in Condition 1 of Annexure ‘A’ to this agreement.

2. The appeal is upheld.

3. Development Application DA17/0805 for the demolition of 1 existing dwelling and ancillary structures and construction of 4 townhouses with basement parking at 36 Rawson parade, Caringbah South, NSW 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 pursuant to s8.15(3) of the Environmental Planning and Assessment Act 1979, as agreed or assessed. .

……………………….

D M Dickson

Commissioner of the Court

Annexure A (147 KB, pdf)