Josephine Russo v Canterbury-Bankstown Council

[2017] NSWLEC 1335

Land and Environment Court

New South Wales

Medium Neutral Citation:	Josephine Russo v Canterbury-Bankstown Council [2017] NSWLEC 1335
Hearing dates:	Conciliation conference on 17 February, 10 March & 16 June 2017
Date of orders:	27 June 2017
Decision date:	27 June 2017
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:	Josephine Russo (Applicant) Canterbury-Bankstown Council (Respondent)
Representation:	Solicitor: Mr T Flaherty, Mills Oakley (Applicant) Mr M Bonanno Lindsay Taylor Lawyers (Respondent)
File Number(s):	2016/330229
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 rely upon the amended plans referred to in condition 5 of Annexure “A”.

2. The appeal is upheld.

3. Development Application No. DA-597/2015 (as amended), which was lodged with the Respondent on 4 December 2015, for demolition of existing structures and construction of a mixed use development comprising ground floor commercial/retail areas, car parking and residential apartments above at 1262-1270 Canterbury Road, Roselands is approved subject to the conditions contained in Annexure "A".

4. The Applicant is to pay the Respondent’s costs arising under section 97B of the Environmental Planning and Assessment Act 1979 as agreed or assessed.

……………………….

Commissioner Dixon

330229.16 Dixon (C) (337 KB, pdf)