Dyna Constructions Pty Ltd v Canterbury-Bankstown Council

[2018] NSWLEC 1037

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Dyna Constructions Pty Ltd v Canterbury-Bankstown Council [2018] NSWLEC 1037
Hearing dates:	Conciliation conference on 2 February 2018
Date of orders:	02 February 2018
Decision date:	02 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:	Dyna Constructions Pty Ltd (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitor: Vasili Conomos, Conomos Legal (Applicant) Roslyn McCulloch, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2017/290098
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. Approval is given to the modification of the development consent granted by the Land and Environment Court on 28 November 2016 in Land and Environment Court proceedings No. 2016/169255 for the demolition of existing structures, consolidation of two existing allotments into one and construction of a five storey mixed use development comprising one ground floor commercial tenancy and 20 residential units over 3 levels of basement car parking at 297-299 Canterbury Road, Canterbury being Lots 35 and 36 Section A in DP 2785, in accordance with the conditions in Annexure A hereto.

3. As a consequence of order 2, the development consent granted by the Land and Environment Court on 28 November 2016 in Land and Environment Court proceedings No. 2016/169255 is now subject to the consolidated, modified conditions of development consent set out in Annexure B hereto.

……………………….

Sarah Bish

Commissioner of the Court

Annexure A (59.0 KB, pdf)

Annexure B (130 KB, pdf)

Amendments

05 February 2018 - Correction made to legal representation.