D. R. Design (NSW) Pty Ltd v Georges River Council

[2018] NSWLEC 1054

Land and Environment Court

New South Wales

Medium Neutral Citation:	D. R. Design (NSW) Pty Ltd v Georges River Council [2018] NSWLEC 1054
Hearing dates:	Conciliation conference on 18 January and 2 February 2018
Date of orders:	12 February 2018
Decision date:	12 February 2018
Jurisdiction:	Class 1
Before:	Bish 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:	D. R. Design (NSW) Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	Solicitor: Mr Matt Sonter, Mills Oakley Lawyers (Applicant) Ms Jennifer Ware, Georges River Council (Respondent)
File Number(s):	2017/273727
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 Appeal is upheld.

2. Development Application DA2017/0242 for demolition of existing structures, site amalgamation and the construction of a 3 storey residential flat building with basement car parking at 70 – 76 Pitt Street, Mortdale is approved subject to the conditions set out in Annexure “A” and plans at Annexure “B”.

3. The applicant is to pay the respondent’s costs ‘thrown away’ in the amount of $4,500 pursuant to section 97B of the Environmental Planning and Assessment Act 1979 within 28 days of the date of this agreement.

……………………….

Sarah Bish

Commissioner of the Court

(Annexure A) (337 KB, pdf)

Annexure B (Part 1) (2.69 MB, pdf)

Annexure B (Part 2) (5.85 MB, pdf)

Annexure B (Part 3) (1.62 MB, pdf)