Enarch Project Consultants Pty Limited v Canterbury Bankstown Council

[2018] NSWLEC 1128

Land and Environment Court

New South Wales

Medium Neutral Citation:	Enarch Project Consultants Pty Limited v Canterbury Bankstown Council [2018] NSWLEC 1128
Hearing dates:	Conciliation conference on 31 January, 20 February and 6 March 2018
Date of orders:	09 March 2018
Decision date:	09 March 2018
Jurisdiction:	Class 1
Before:	Chilcott 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:	Enarch Project Consultants Pty Limited (Applicant) Canterbury Bankstown Council (Respondent)
Representation:	Solicitors: Andrew Gough, Storey & Gough Lawyers (Applicant) James Fan, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2017/230089
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. The respondent is directed, pursuant to s149F(3)(a) of the Environmental Planning and Assessment Act 1979, to issue a building certificate in respect of the metal awning measuring 16300mm x 11700mm x 9500mm located on the property at 61A Lakemba Street, Belmore:

1. in the form as indicated in the plans prepared by Enarch Consultants P/L (BC601, BC602 and BC603) dated 12 February 2018 (Revision C), being the annexure marked “A” to this agreement; and

2. upon the satisfaction of the respondent that the requirements of the annexed and marked “B” to this agreement, pursuant to s 149D(3), within 30 days of the orders of the court disposing of the appeal.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A.(7.36 MB, pdf)

Annexure B (10.5 KB, pdf)