Five Dock Properties Pty Limited v City of Canada Bay Council

[2017] NSWLEC 1261

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Five Dock Properties Pty Limited v City of Canada Bay Council [2017] NSWLEC 1261
Hearing dates:	Conciliation conference on 4, 15, 25 May 2017
Date of orders:	26 May 2017
Decision date:	26 May 2017
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:	Five Dock Properties Pty Ltd (Applicant) City of Canada Bay (Respondent)
Representation:	Solicitor: Mr V Conomos, Conomos Legal (Applicant) Mr P Jackson, Pikes & Verekers Lawyers (Respondent)
File Number(s):	2016/380118
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 Applicant is granted leave to rely on the amended plans and documents referred to in condition DAGCA01 of Annexure A.

2. The Applicant is to pay the Respondent’s costs thrown away by reason of the amendments pursuant to s 97B(2) of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

3. DA 2016/434 is approved subject to the conditions found in Annexure A.

4. The appeal is upheld.

……………………….

Commissioner Chilcott

380118.16 Chilcott (C) (539 KB, pdf)

Amendments

15 September 2017 - Pursuant to UCPR 36.17, the slip rule, amend orders of 26 May 2017 so that order 3 refers to correct development application number, being DA 2016/434.