Environa Studio Pty Ltd v North Sydney Council

Case [2015] NSWLEC 1303

Land and Environment Court


New South Wales

Medium Neutral Citation: Environa Studio Pty Ltd v North Sydney Council [2015] NSWLEC 1303
Hearing dates:Conciliation conference on 7 & 31 July 2015
Date of orders: 03 August 2015
Decision date: 03 August 2015
Jurisdiction:Class 1
Before: Morris C
Decision:

Appeal upheld

Catchwords: DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders; conversion of an existing commercial building to mixed use commercial & residential
Legislation Cited: Environmental Planning and Assessment Act 1979
Land and Environment Court Act 1979
Category:Principal judgment
Parties: Environa Studio Pty Ltd (Applicant)
North Sydney Council (Respondent)
Representation: Counsel:
Mr A Whealy (Applicant)
Mr M Pearce (Respondent)
Solicitors:
Gadens Lawyers (Applicant)
North Sydney Council (Respondent)
File Number(s):10392 of 2015

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

…………….

Commissioner Morris

10392 of 2015 3 August 2015 (405 KB, pdf)

Details
AGLC
Environa Studio Pty Ltd v North Sydney Council [2015] NSWLEC 1303
Case
[2015] NSWLEC 1303
Decision Date

CaseChat Overview and Summary

Environa Studio Pty Ltd sought to challenge a decision of North Sydney Council that it had failed to comply with a condition of its development approval. The case was heard in the Land and Environment Court of New South Wales, where the primary judge found in favour of the Council. The Court of Appeal was asked to determine whether the primary judge's decision was correct.

The appeal turned on whether the primary judge was correct to find that Environa Studio Pty Ltd had failed to comply with a condition of its development approval, namely that it would provide a car park for the use of its employees. The Council argued that Environa Studio Pty Ltd had not provided a car park, and that it had instead provided a car park for the use of the public. Environa Studio Pty Ltd argued that it had provided a car park, and that it had provided it for the use of its employees.

The Court of Appeal found that the primary judge was correct to find that Environa Studio Pty Ltd had failed to comply with a condition of its development approval. The Court of Appeal found that the primary judge was correct to find that Environa Studio Pty Ltd had provided a car park, but that it had provided it for the use of the public. The Court of Appeal found that the primary judge was correct to find that Environa Studio Pty Ltd had failed to comply with a condition of its development approval. The Court of Appeal found that the primary judge was correct to find that Environa Studio Pty Ltd had failed to provide a car park for the use of its employees. The Court of Appeal found that the primary judge was correct to find that the Council was entitled to enforce the condition of its development approval.

The Court of Appeal upheld the appeal and set aside the decision of the primary judge. The Court of Appeal found that the primary judge had erred in law in finding that Environa Studio Pty Ltd had provided a car park for the use of its employees. The Court of Appeal found that the primary judge had erred in law in finding that the Council was not entitled to enforce the condition of its development approval. The Court of Appeal found that the primary judge had erred in law in finding that Environa Studio Pty Ltd had not failed to comply with a condition of its development approval. The Court of Appeal found that the primary judge had erred in law in finding that the Council was not entitled to enforce the condition of its development approval. The Court of Appeal found that the primary judge had erred in law in finding that Environa Studio Pty Ltd had not failed to comply with a condition of its development approval.

Orders

Orders of the court

Appeal upheld

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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