Kemby Pty Ltd and Reptar Pty Ltd v Liverpool City Council

[2017] NSWLEC 1473

Land and Environment Court

New South Wales

Medium Neutral Citation:	Kemby Pty Ltd & Reptar Pty Ltd v Liverpool City Council [2017] NSWLEC 1473
Hearing dates:	Conciliation conference on 14 July 2017
Date of orders:	30 August 2017
Decision date:	30 August 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:	Kembly Pty Ltd (First Applicant) Reptar Pty Ltd (Second Applicant) Liverpool City Council (Respondent)
Representation:	Solicitors: Mr V Conomos, Conomos Legal (Applicant) Mr I Lacy, Liverpool City Council (Respondent)
File Number(s):	2017/82869
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 following plans in the proceedings:

Description	Drawing No.	Revision No.	Date
Title Page	A0000	-	-
Demolition Plan	A1101	A	09/08/16
Basement Plan	A1201	D	15/08/17
Basement Plan	A1202	D	15/08/17
Ground Floor Plan	A1203	D	15/08/17
Level 01 Plan	A1204	D	15/08/17
Level 02 Plan	A1204	D	15/08/17
Level 03 Plan	A1204	D	15/08/17
Level 04 Plan	A1205	D	15/08/17
Level 05 Plan	A1205	D	15/08/17
Level 06 Plan	A1205	D	15/08/17
Level 07 Plan	A1205	D	15/08/17
Level 08 Plan	A1206	D	15/08/17
Level 09 Plan	A1207	D	15/08/17
Level 10 Plan	A1208	D	15/08/17
Level 11 Plan	A1209	D	15/08/17
Roof Plan	A1210	D	15/08/17
North Elevation	A1301	D	15/08/17
South Elevation	A1302	D	15/08/17
East Elevation	A1303	D	15/08/17
West Elevation	A1304	D	15/08/17
Section AA	A1401	D	21/08/17
Section BB	A1402	D
Affordable Housing diagram	A2070	D	21/08/17
Material Schedule	A2201 to A2204	B	21/08/17

2. The appeal is upheld.

3. Development application DA – 794/2016 lodged on 25 August 2016 is approved subject to the conditions in Annexure A.

……………………….

Commissioner Dixon

82869.17 Dixon (C) Annexure A (325 KB, pdf)