Don Pesic trading as Precision Motorworks v Sutherland Shire Council

[2018] NSWLEC 1491

Land and Environment Court

New South Wales

Medium Neutral Citation:	Don Pesic trading as Precision Motorworks v Sutherland Shire Council [2018] NSWLEC 1491
Hearing dates:	Conciliation conference on 23 & 30 July 2018; 21 August 2018; 12 September 2018
Date of orders:	19 September 2018
Decision date:	19 September 2018
Jurisdiction:	Class 1
Before:	Gray C
Decision:	See [5] below
Catchwords:	DEVELOPMENT APPLICATION – use for the purpose of a vehicle repair station - conciliation conference - agreement between the parties - orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Don Pesic trading as Precision Motorworks (Applicant) Sutherland Shire Council (Respondent)
Representation:	Solicitors: M Carr, Metro Lawyers (Applicant) J M Amy, Sutherland Shire Council (Respondent)
File Number(s):	2018/48118
Publication restriction:	No

Judgment

1. COMMISSIONER: The applicant appeals against the deemed refusal of an application for development consent to use Shop 15, 16-24 Waratah Street, Kirrawee, for the repairing and servicing of vehicles and as a motor showroom.

2. In this matter, 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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Appeal is upheld.

2. Development Application No. 17/0565 to use Shop 15, 16-24 Waratah Street, Kirrawee for the repairing and servicing of vehicles and as a motor showroom is approved subject to the conditions set out in Annexure “A” to this agreement.

……………………….

Joanne Gray

Commissioner of the Court

Annexure A (34.4 KB, pdf)