Flower Power Pty Ltd v Strathfield Municipal Council

[2017] NSWLEC 1682

Land and Environment Court

New South Wales

Medium Neutral Citation:	Flower Power Pty Ltd v Strathfield Municipal Council [2017] NSWLEC 1682
Hearing dates:	Conciliation conference on 8 & 22 November 2017
Date of orders:	29 November 2017
Decision date:	29 November 2017
Jurisdiction:	Class 1
Before:	Gray 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:	Flower Power Pty Ltd (Applicant) Strathfield Municipal Council (Respondent)
Representation:	Solicitor: Mr A Gadiel, Mills Oakley (Applicant) Ms C Morton, Sparke Helmore Lawyers (Respondent)
File Number(s):	2017/202403
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 as referred to in the conditions of consent contained in Annexure “A”.

2. The appeal is upheld.

3. Development application no DA-2016/132, as amended, for

1. the use of the portion of Lot 19 DP 1183316 that is zoned IN1 and the adjacent portion of the RE2 zoned land (within 10 metres of the IN1 zone boundary) for a garden centre and for hardware and building supplies;

2. the adaptive reuse and fit-out of the existing building for the above purpose;

3. the demolition of parts of and the construction of additions to the existing building;

4. a new car parking area;

5. an outdoor plant nursery;

6. a bulk bag storage area;

7. landscaping works; and

8. the construction of a road and environmental protection works within the RE2 zoned land (outside of the 10 metres of the IN1 zone boundary), 

at 127 Cosgrove Road, Strathfield South, is determined by the grant of consent subject to the conditions contained in Annexure ‘A’.

……………………….

Commissioner Gray

202403.17 Gray - Annexure A (332 KB, pdf)