Henlong Property Group Pty Ltd v Hornsby Shire Council

[2016] NSWLEC 1255

Land and Environment Court

New South Wales

Medium Neutral Citation:	HENLONG PROPERTY GROUP PTY LTD v HORNSBY SHIRE COUNCIL [2016] NSWLEC 1255
Hearing dates:	Conciliation conference on 13 May 2016
Date of orders:	27 May 2016
Decision date:	27 May 2016
Jurisdiction:	Class 1
Before:	Dixon 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:	Henlong Property Group Pty Ltd (Applicant) Hornsby Shire Council (Respondent)
Representation:	Mr G. McKee, McKees Legal Solutions (Applicant) Mr P. Jackson, Pikes & Verekers Lawyers (Respondent)
File Number(s):	151941 of 2016
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 are:

1. The applicant is granted leave to rely on the amended Plan of Subdivision No. 75633, prepared by Rygate Surveyors Revision ‘K’ dated 12 May, 2016.

2. The appeal is upheld.

3. Deferred Commencement Development Consent pursuant to s80(3) of the Environmental Planning and Assessment Act 1979 is granted to DA No. 94/2013 as amended for the subdivision of land, being Lot 2 in Deposited Plan 847605, known as Nos. 79 – 87 Malton Road, Beecroft, into six (6) separate Torrens Title allotments of land, subject to the conditions of consent in Annexure ‘A’ hereto.

…………….

Commissioner Dixon

151941.16 Dixon (C) (315 KB, pdf)