GMR Schembri Pty Ltd v Hawkesbury City Council

[2016] NSWLEC 1328

Land and Environment Court

New South Wales

Medium Neutral Citation:	GMR SCHEMBRI PTY LTD v Hawkesbury City Council [2016] NSWLEC 1328
Hearing dates:	Conciliation conference on 31 May, 22 June & 6 July 2016
Date of orders:	11 August 2016
Decision date:	11 August 2016
Jurisdiction:	Class 1
Before:	Adam AC
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:	GMR SCHEMBRI PTY LTD (ACN 085 287 636) (Applicant) HAWKESBURY CITY COUNCIL (Respondent)
Representation:	Mr Palmer, Grech & Bannerman Lawyers (Applicant) Ms K McLellan, Marsdens Law Group (Respondent)
File Number(s):	2016/151609
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, 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 given leave to amend the development application by substituting the following plans and documentation as the plans and documentation relied upon for the purpose of the development application:

2. Report entitled “Outcome from Section 34 Conciliation Conference Updates to DA 0681/15 and Remediation Action Plan 727 George St South Windsor” prepared by GHD dated June 2016.

3. Drawing No. 21-24716 Rev ‘A’ – Proposed Overflow Relocation prepared by GHD, Figure 1 dated 14 June 2016.

4. The appeal is upheld.

5. Development consent is granted to Development Application No. DA 0681/15 for remediation works, the construction of stormwater works, the use of a hardstand parking area on the land known as 727 George Street, South Windsor (Lot 60 DP 560460) to service an adjoining landscaping material supplies premises subject to the conditions of consent annexed hereto and marked “A”.

…………….

Acting Commissioner Adam

151609.16 Adam (C) (192 KB, pdf)