Leda Holdings Pty Limited v Sutherland Shire Council

[2016] NSWLEC 1284

Land and Environment Court

New South Wales

Medium Neutral Citation:	Leda Holdings Pty Limited v Sutherland Shire Council [2016] NSWLEC 1284
Hearing dates:	Conciliation conference on 11 February 2016
Date of orders:	08 July 2016
Decision date:	08 July 2016
Jurisdiction:	Class 1
Before:	Fakes C
Decision:	See (4) below
Catchwords:	DEVELOPMENT APPLICATION; vehicle rental centre; conciliation conference; agreement between the parties; orders
Legislation Cited:	Land and Environment Court Act 1979
Category:	Principal judgment
Parties:	Leda Holdings Pty Limited (Applicant) Sutherland Shire Council (Respondent)
Representation:	Applicant: Mr P Jayne (Solicitor) Respondent: Ms J Amy (Solicitor)     Solicitors: Madison Marcus Law Firm (Applicant) Sutherland Shire Council(Respondent)
File Number(s):	152482 of 2016.
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, 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 the amended plans and documents referred to in Condition 1 of Annexure A.

2. The appeal is upheld.

3. Development Application number DA 15/0451 for the construction and use of a building as a vehicle rental centre and the construction of 1 pylon sign on part of the land known as 31 Bay Road, Taren Point is approved, in accordance with the amended conditions of consent annexed and marked ‘A’.

The Court notes the parties’ agreement to pay their own costs of this application.

___________________________

Judy Fakes

Commissioner of the Court

152482.16 Fakes (C) (297 KB, pdf)