Highbury Group Pty Ltd v North Sydney Council

[2018] NSWLEC 1337

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Highbury Group Pty Ltd v North Sydney Council [2018] NSWLEC 1337
Hearing dates:	Conciliation conference on 03 July 2018
Date of orders:	03 July 2018
Decision date:	03 July 2018
Jurisdiction:	Class 1
Before:	Chilcott C
Decision:	See [4] below
Catchwords:	DEVELOPMENT APPLICATION: conciliation conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Cases Cited:	Dusevic v North Sydney Council [2015] NSWLEC 1198
Category:	Principal judgment
Parties:	Highbury Group Pty Ltd (Applicant) North Sydney Council (Respondent)
Representation:	Solicitors: S Patterson, Wilshire Webb Staunton Beattie (Applicant) M Pearce, North Sydney Council (Respondent)
File Number(s):	2017/387950
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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The Applicant is granted leave to rely on the amended plans and documents at Annexure “A” and as referred to in condition A5 of the conditions of consent contained at Annexure “B”.

2. The appeal is upheld.

3. Modification application pursuant to s 4.55(8) of the Environmental Planning and Assessment Act 1979 filed with the Court on 22 December 2017 seeking to modify development consent DA408/2014 granted by the Court in Dusevic v North Sydney Council [2015] NSWLEC 1198 at 34 East Crescent Street, McMahons Point, is approved subject to the conditions contained at Annexure “B”.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (3.08 MB, pdf)

Annexure A - Level 3 Plan (145 KB, pdf)

Annexure B (454 KB, pdf)

Amendments

04 October 2018 - Pursuant to UCPR 36.17, the slip rule, by consent of the parties, amend orders of 3 July 2018 so that Condition A5 in Annexure B now includes "DA-06 H Level 3 Squillace 30/10/17" in the table of plans.