Elip Pty Ltd v City of Ryde Council

[2018] NSWLEC 1293

Land and Environment Court

New South Wales

Medium Neutral Citation:	Elip Pty Ltd v City of Ryde Council [2018] NSWLEC 1293
Hearing dates:	Conciliation conference on 15 June 2018
Date of orders:	15 June 2018
Decision date:	15 June 2018
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Elip Pty Ltd (Applicant) City of Ryde Council (Respondent)
Representation:	Counsel: F Berglund (Respondent) Solicitors: J Tomaras, JT Law Pty Ltd (Applicant) City of Ryde Council (Respondent)
File Number(s):	2017/155902
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant be granted leave to rely upon the following plans with respect to its Building Certificate Application No. BC2015/48 dated 15 December 2015:

Document Description	Date	Plan No/Reference
Site Plan	23.08.2017	Drawing No. D2000, Revision H
Ground Floor	23.08.2017	Drawing No. D2001, Revision H
South Elevation	23.08.2017	Drawing No. D2003, Revision F
West Elevation	23.08.2017	Drawing No. D2004, Revision G
East Elevation	28.07.2017	Drawing No. D2005, Revision E
Sections	23.08.2017	Drawing No. D2006, Revision F

2. The Appeal is upheld.

3. The Respondent agrees to issue a Building Information Certificate pursuant to Section 6.24 of the Environmental Planning and Assessment Act 1979, in relation to the Building Certificate Application No. BC2015/48 dated 15 December 2015as amended by the plans referred to in order 1 above.

4. Each party is to pay its own costs in relation to these proceedings.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (1.48 MB, pdf)