JVMC Pty Ltd v Inner West Council

[2017] NSWLEC 1074

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	JVMC Pty Ltd v Inner West Council [2017] NSWLEC 1074
Hearing dates:	Conciliation conference on 23 January 2017
Date of orders:	21 February 2017
Decision date:	21 February 2017
Jurisdiction:	Class 1
Before:	Morris 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:	JVMC PTY LIMITED (ACN 165 917 984) (Applicant) INNER WEST COUNCIL (Respondent)
Representation:	Solicitor: Mr E Kondilios, Hall & Wilcox (Applicant) Ms J Hewitt, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/303854
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 on the amended plans and documents referred to in condition 1 of Annexure A which are annexed hereto as Annexure B.

2. The appeal is upheld.

3. Development Application No. 201600217 to hold weekend markets monthly on Saturdays with consecutive Saturday and Sunday markets to be held quarterly during the calendar year at 73 Mary Street, St Peters is approved subject to the conditions in Annexure A.

……………………….

Commissioner Morris

303854.16 Morris (C) (228 KB, pdf)

303854.16 Morris - Annexure B (381 KB, pdf)

303854.16 Morris - Traffic Management Plan (1.60 MB, pdf)

303854.16 Morris - Plan of Management (320 KB, pdf)

Amendments

22 February 2017 - Plan of Management PDF attached