Elpis Developments Pty Limited v City of Sydney Council

[2016] NSWLEC 1203

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Elpis Developments Pty Limited v City of Sydney Council [2016] NSWLEC 1203
Hearing dates:	Conciliation conference on 18 December 2015 & 21 March 2016
Date of orders:	30 May 2016
Decision date:	30 May 2016
Jurisdiction:	Class 1
Before:	Maston AC
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:	Elpis Developments Pty Limited (Applicant) City of Sydney Council (Respondent)
Representation:	Ms S. Orbell, Mills Oakley Lawyers (Applicant) Mr P. Canning, City of Sydney Council (Respondent)
File Number(s):	150619 of 2016
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, 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 are:

1. The Applicant is granted leave to rely on the amended plans as referred to in the conditions of consent contained in Annexure “A”.

2. In accordance with section 97B of the Environmental Planning and Assessment Act 1979, the Applicant is to pay the Respondent’s costs thrown away as a result of the amendments in the amount of $5,000.

3. The appeal is upheld.

4. Development application no. DA 2015/449 lodged on 9 April 2015 for demolition of the existing warehouse and construction of a mixed use development including apartments, retail, parking and associated facilities at land known as 761-763 and 765 Botany Road, Rosebery NSW 2018 is approved subject to the conditions contained in Annexure “A”.

…………….

Acting Commissioner Maston

150619.16 Maston (C) (411 KB, pdf)

Amendments

31 May 2016 - Correction in Commissioner name