IEA Investments Pty Ltd v The Council of the City of Sydney

[2018] NSWLEC 1274

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	IEA Investments Pty Ltd v The Council of the City of Sydney [2018] NSWLEC 1274
Hearing dates:	Conciliation conference on 8 June 2018
Date of orders:	08 June 2018
Decision date:	08 June 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
Category:	Principal judgment
Parties:	IEA Investments Pty Ltd (Applicant) The Council of the City of Sydney (Respondent)
Representation:	Solicitor: P Brazier, Mills Oakley (Applicant) A Simpson, Council of the City of Sydney (Respondent)
File Number(s):	2017/291608 & 2017/291621
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 s34(3) of the Land and Environment Court Act 1979 are:

1. The appeals are upheld.

2. The modification application D/2014/1252/B (as amended) to modify development consent D/2014/1252/A is determined by approval subject to the conditions contained in Annexure ‘A’.

3. The order made by the Respondent under s121B of the Environmental Planning and Assessment Act 1979 on 21 September 2017, file reference HBC/2017/192, is modified by omitting the text under the heading ‘Terms:’ and inserting instead the following:

To cease all building work including demolition works from the date of this order until all of the following events have occurred:

1. A new or amended construction certificate is issued under development consent D/2014/1252;

2. A principal certifying authority is appointed under section 81A(2)(b) of the Environmental Planning and Assessment Act 1979; and

3. Notice has been given to Council under section 81A(2)(c) of the Environmental Planning and Assessment Act 1979,

as set out in Annexure ‘B’.

……………………….

Michael Chilcott

Commissioner of the Court

Annexure A (712 KB, pdf)

Annexure B (83.0 KB, pdf)

Amendments

08 August 2023 - Correction to typographical errors in 'Date of decision' and 'Parties'.