Landmark Group Australia Pty Ltd v Cumberland Council

[2017] NSWLEC 1327

Land and Environment Court

New South Wales

Medium Neutral Citation:	Landmark Group Australia Pty Ltd v Cumberland Council [2017] NSWLEC 1327
Hearing dates:	Conciliation conference on 20 June 2017
Date of orders:	26 June 2017
Decision date:	26 June 2017
Jurisdiction:	Class 1
Before:	Brown C
Decision:	See (5) below
Catchwords:	DEVELOPMENT APPLICATION: construction of 2 residential flat buildings conciliation; conference; agreement between the parties; orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Landmark Group Australia Pty Ltd (Applicant) Cumberland Council (Respondent)
Representation:	Solicitor: Ms C McJannett, Mills Oakley (Applicant) Ms P Hudson, Marsdens Law Group (Respondent)
File Number(s):	2017/132564
Publication restriction:	No

Judgment

1. COMMISSIONER: This is an appeal against the refusal of development application no. DA 2016/496 for the construction of 2 x residential flat buildings (Buildings 3 and 4) with basement car parking at 1-11 Neil Street, Merrylands.

2. 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”.

3. 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.

4. 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.

5. 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 as referred to in the conditions of consent contained in Annexure “A”.

2. The appeal is upheld.

3. Development application no. DA 2016/496 lodged on 15 November 2016 for construction of 2 x residential flat buildings (Buildings 3 and 4) with basement car parking at 1-11 Neil Street, Merrylands is approved subject to the conditions of consent contained in Annexure “A”.

……………………….

Commissioner Brown

132564.17 Brown (C) (577 KB, pdf)

132564.17 Brown (Plans) (8.57 MB, pdf)