JPF Holdings Pty Ltd v Central Coast Council

[2016] NSWLEC 1376

Land and Environment Court

New South Wales

Medium Neutral Citation:

JPF Holdings Pty Ltd v Central Coast Council [2016] NSWLEC 1376

Hearing dates:

Conciliation conference on 6 & 24 May, 4 July, 19 & 30 August 2016

Date of orders:

30 August 2016

Decision date:

30 August 2016

Jurisdiction:

Class 1

Before:

Tuor 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:

JPF Holdings Pty Ltd (Applicant)

Central Coast Council (Respondent)

Representation:

Mr M Staunton, barrister (Applicant)

Solicitors
Farrar Legal Pty Ltd (Applicant)

Ms J Hewitt, HWL Ebsworth Lawyers (Respondent)

File Number(s):

2016/151657

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, 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 Development Application No. 48856/2015 to rely upon the amended plans annexed hereto and marked "A" and referred to in condition 1.1 of the conditions of consent.

2. Pursuant to s 97B of the Environmental Planning and Assessment Act 1979 (NSW), the Applicant is to pay the Respondent’s costs thrown away as a result of amending Development Application No. 48856/2015 as agreed or assessed.

3. The appeal is upheld.

4. Development Application No. 48856/2015 lodged 27 November 2015 for the demolition of existing structures and construction of two residential flat buildings, two to three storey in height, containing a total of seventeen (17) units, basement car parking with a total of 33 spaces, landscaping and associated works at 4-6 Village Road and 15 Mimosa Avenue is approved subject to the conditions contained in Annexure "B" and the plans in Annexure "A".

……………………..

Annelise Tuor

Commissioner

151657.16 Tuor - Annexure A - Plans (18.1 MB, pdf)

151657.16 Tuor (C) Annexure B (233 KB, pdf)