George and Irene Pty Limited v Cumberland Council

[2018] NSWLEC 1402

Land and Environment Court

New South Wales

Medium Neutral Citation:	George & Irene Pty Limited v Cumberland Council [2018] NSWLEC 1402
Hearing dates:	Conciliation conference on 2 August 2018
Date of orders:	03 August 2018
Decision date:	03 August 2018
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:	George & Irene Pty Limited (ACN 601 924 449) [Formerly St George Development Pendle Hill Pty Limited (ACN 601 924 449)] (Applicant) Cumberland Council (Respondent)
Representation:	Solicitors: D Briggs, DG Briggs & Associates (Applicant) P Hudson, Marsdens Law Group (Respondent)
File Number(s):	2017/187920
Publication restriction:	Nil

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 DA155/2017 lodged on 13 April 2017 pursuant to the Environmental Planning and Assessment Act 1979 seeking consent for the demolition of existing structures, consolidation of 6 lots into 1 lot and the construction of a 4 storey mixed use development with 5 ground floor business premises, comprising 50 residential units including 15 affordable rental housing units, a childcare centre over basement parking providing 125 car spaces at 515-519 Great Western Highway and 1-3 Ettalong Rd, Greystanes, is approved subject to the conditions contained in Annexure ‘A’.

……………………….

Commissioner Bish

Annexure A (C)