Erylian Pty Ltd v Wollongong City Council

[2017] NSWLEC 1711

Land and Environment Court

New South Wales

Medium Neutral Citation:	Erylian Pty Ltd v Wollongong City Council [2017] NSWLEC 1711
Hearing dates:	Conciliation conference on 6 and 31 October 2017
Date of orders:	12 December 2017
Decision date:	12 December 2017
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:	Erylian Pty Ltd (Applicant) Wollongong City Council (Respondent)
Representation:	Counsel: Mr T To (Applicant) Solicitors: Mills Oakley (Applicant) Mr J Reilly, Wollongong City Council (Respondent)
File Number(s):	2017/153907
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. Development Application No. DA-2016/1353 for demolition of a dwelling house and construction of a six storey addition to the existing Wollongong Private Hospital at 15 Urunga Parade, Wollongong and 362 – 364 Crown Street, Wollongong is approved subject to the conditions set out in Annexure ‘A’.

……………………….

Commissioner Bish

Annexure A (C)