Cui v Canterbury-Bankstown Council

[2018] NSWLEC 1090

Land and Environment Court

New South Wales

Medium Neutral Citation:	Cui v Canterbury-Bankstown Council [2018] NSWLEC 1090
Hearing dates:	Conciliation conference on 30 January 2018, 14 February 2018, 26 February 2018
Date of orders:	26 February 2018
Decision date:	26 February 2018
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:	Yi Cui (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitor: Bridget Armstrong, Pikes and Verekers Lawyers (Applicant) Joanne McIntosh, McKees Legal Solutions (Respondent)
File Number(s):	2017/241386
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 in accordance with the plans referred to in condition 1 of Annexure “A”.

2. The Appeal is upheld.

3. The Applicant is to pay the Respondent’s costs pursuant to s 97B of the Environmental Planning and Assessment Act 1979 in the sum of $1,000.00 within 7 days.

4. Development Application no. 218/2017 dated 8 June 2017 as amended, seeks development consent to a proposed three (3) storey boarding house consisting of 30 boarding rooms and manager’s room with basement car spaces at 15 Hillard Street, Wiley Park is approved subject to the conditions set out in Annexure “A”.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (347 KB, pdf)