Kozarovski v Georges River Council

[2016] NSWLEC 1370

Land and Environment Court

New South Wales

Medium Neutral Citation:	Kozarovski v Georges River Council [2016] NSWLEC 1370
Hearing dates:	Conciliation conference on 5 August 2016
Date of orders:	05 August 2016
Decision date:	05 August 2016
Jurisdiction:	Class 1
Before:	Hussey AC
Decision:	See (4) below
Catchwords:	Development application: conversion of an existing office to a 24 place child care centre, traffic safety, public interest; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Marko Kozarovski (Applicant) Georges River Council (Respondent)
Representation:	Solicitors: Mr Craig Tidemann, Thomson Geer (Applicant) Ms Jane Hewitt, HWL Ebsworth Lawyers (Respondent)
File Number(s):	2016/00149966
Publication restriction:	No

Judgment

1. ACTING 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 rely on:

1. Drawing Nos. DA102 and DA201, issue D;

2. Drawing Nos. DA202, DA301,302,303, DA304, issue C;

3. Amended Acoustic Report, prepared by Acoustic Noise & Vibrations Solutions, dated 25 July 2016; and

4. Revised Plan of Management dated 25 July 2016.

2. The appeal is upheld.

3. Development Application No. DA 2014/1108 for 'Conversion of office to Child Care Centre' at Lot 53 in Strata Plan 54531 and known as Unit 53, 2 – 8 Bridge Street, Hurstville, is approved subject to the conditions in annexure 'A'.

4. The parties agree that the amendments are minor and s97B costs do not apply.

…………….

R Hussey

Acting Commissioner

149966.16 - Annexure A (103 KB, pdf)