Kyrod Pty Limited ACN 103 184 354 v City of Parramatta Council
[2018] NSWLEC 1544
•12 October 2018
Land and Environment Court
New South Wales
Medium Neutral Citation: Kyrod Pty Limited ACN 103 184 354 v City of Parramatta Council [2018] NSWLEC 1544 Hearing dates: Conciliation conference on 12 October 2018 Date of orders: 12 October 2018 Decision date: 12 October 2018 Jurisdiction: Class 1 Before: Chilcott 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: Kyrod Pty Limited ACN 103 184 354 (Applicant)
City of Parramatta Council (Respondent)Representation: Solicitors:
D Manca, LAS Lawyers & Consultants (Applicant)
A Gough, Storey & Gough Lawyers (Respondent)
File Number(s): 2018/218333 Publication restriction: No
Judgment
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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”.
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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.
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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.
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The final orders to give effect to the parties’ agreement under s 34(3) of the Land and Environment Court Act 1979 are:
The appeal is upheld.
That Modification Application 357/2008/D for the extension of hotel trading hours (Condition 61), reduction in security guard attendance hours (condition 18) and removal of a requirement that the doors of the hotel be locked 30 minutes before closing time (Condition 20), is determined by approving the modifications as set out in Annexure "A".
As a consequence of order (2), Development Consent 357/2008 for alterations and additions to an existing industrial premises and use of a unit within a complex as a pub (licensed premises) is now subject to the consolidated conditions of development consent as set out in Annexure "B".
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M Chilcott
Commissioner of the Court
Annexures A and B (89.8 KB, pdf)
Decision last updated: 12 October 2018
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