Kyrod Pty Limited ACN 103 184 354 v City of Parramatta Council

[2018] NSWLEC 1544

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

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 s 34(3) of the Land and Environment Court Act 1979 are:

1. The appeal is upheld.

2. 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".

3. 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".

……………………….

M Chilcott

Commissioner of the Court

Annexures A and B (89.8 KB, pdf)