Icek Holdings Pty Ltd v Bayside Council

[2016] NSWLEC 1619

Land and Environment Court

New South Wales

Medium Neutral Citation:	Icek Holdings Pty Ltd v Bayside Council [2016] NSWLEC 1619
Hearing dates:	Conciliation conference on 22 November 2016
Date of orders:	21 December 2016
Decision date:	21 December 2016
Jurisdiction:	Class 1
Before:	O’Neill 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:	Icek Holdings Pty Ltd (Applicant) Bayside Council (Respondent)
Representation:	Counsel: Mr A. Stafford barrister (Applicant) Mr S. Shneider solicitor (Respondent)   Solicitors: King & Wood Mallesons (Applicant) Houston Dearn O’Connor Lawyers (Respondent)
File Number(s):	2016/158972

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 were made on the date recorded on those orders. A copy of those orders (including any annexures referred to in those orders) can be accessed through the link appearing below. The date of the orders appears on the first page of the orders.

1. The appeal is upheld.

2. Development Application No. 22/2015 for use as a mixed use development comprising the erection of a 14 storey building containing commercial space at ground floor and 117 residential apartments above and provision of 158 car parking places provided over 2 basement levels at 653 Gardeners Road, Mascot, is approved, subject to conditions as set out in Annexure ‘A’.

3. There is no order as to costs.

…………….

Commissioner O’Neill

158972.16 O'Neill (C) (457 KB, pdf)