Foxground Property Investments Pty Ltd v Georges River Council

[2017] NSWLEC 1172

Land and Environment Court

New South Wales

Medium Neutral Citation:	Foxground Property Investments Pty Ltd v Georges River Council [2017] NSWLEC 1172
Hearing dates:	Conciliation Conference on 19 December 2016, 22 February, 15 March and 23 March 2017
Date of orders:	03 April 2017
Decision date:	03 April 2017
Jurisdiction:	Class 1
Before:	Hussey C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION: Childcare centre for 51 children, overdevelopment, bulk and scale, design quality, car park, public interest, conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Foxground Property Investments Pty Ltd (Applicant) Georges River Council (Respondent)
Representation:	G Green, Pikes & Verekers (Applicant) J Hewitt, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/290679
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 referred to in condition 1 of the Draft Conditions of Consent at Annexure A.

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

3. The Appeal is upheld.

4. Development Consent is granted to Development Application DA2016/0035 for demolition of existing structures and construction of a 2 storied Childcare Centre at 66 Mulga Road, Oatley for 49 children subject to the Conditions at Annexure A.

…………….

R Hussey

Acting Commissioner

290679.16 Annexure A (163 KB, pdf)