Invest Co (NSW) Pty Limited v Woollahra Municipal Council

[2018] NSWLEC 1017

Land and Environment Court

New South Wales

Medium Neutral Citation:	Invest Co (NSW) Pty Limited v Woollahra Municipal Council [2018] NSWLEC 1017
Hearing dates:	Conciliation conference on 12 & 21 December 2017, 16 January 2018
Date of orders:	19 January 2018
Decision date:	19 January 2018
Jurisdiction:	Class 1
Before:	Martin SC
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:	Invest Co (NSW) Pty Limited (Applicant) Woollahra Municipal Council (Respondent)
Representation:	Solicitors: Mr A Boskovitz, Boskovitz & Associates Solicitors (Applicant) Ms J Hewitt, HWL Ebsworth (Respondent)
File Number(s):	2017/234904
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 applicant is granted leave to amend the development application and rely upon the plans referred to in Condition A.2 of Annexure "A" to this agreement.

2. The Appeal is upheld.

3. Development Application DA194/2017/1 for substantial alterations and additions to an existing residential flat building proposing 4 new units with basement car parking for 8 vehicles and new landscaping at 11 Etham Avenue, Darling Point is approved subject to the conditions set out in Annexure “A” to this agreement.

4. Pursuant to section 97B of the Environmental Planning and Assessment Act 1979 (NSW), the applicant is to pay the respondent's costs in the amount of $1.00 within 21 days of the date of these orders.

……………………….

Senior Commissioner Martin